Statt v. American Home Assurance Co.

Appellate Division of the Supreme Court of New York

Statt v. American Home Assurance Co.

191 A.D.2d 962, 595 N.Y.S.2d 700

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1993

DocketAppeal No. 1

StatusPublished

Cited by4 cases

This text of 191 A.D.2d 962 (Statt v. American Home Assurance Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Statt v. American Home Assurance Co., 191 A.D.2d 962, 595 N.Y.S.2d 700 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously modified on the law and as [963]*963modified affirmed without costs in accordance with the following Memorandum: This declaratory judgment action is premature. The extent of defendant American Home Assurance Company’s (Home) duty to indemnify must necessarily depend on the resolution of an issue that, if it arises, will be decided in the underlying action (see, Hout v Coffman, 126 AD2d 973; Allstate Ins. Co. v Santiago, 98 AD2d 608). Thus, the complaint against Home must be dismissed.

Supreme Court did not abuse its discretion in denying Home’s application for an award of costs, disbursements and attorney’s fees. (Appeals from Judgment of Supreme Court, Monroe County, Calvaruso, J. — Declaratory Judgment.) Present — Denman, P. J., Green, Balio, Doerr and Boehm, JJ.

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—Judgment unanimously modified on the law and as [963]*963modified affirmed without costs in accordance with the following Memorandum: This declaratory judgment action is premature. The extent of defendant American Home Assurance Company’s (Home) duty to indemnify must necessarily depend on the resolution of an issue that, if it arises, will be decided in the underlying action (see, Hout v Coffman, 126 AD2d 973; Allstate Ins. Co. v Santiago, 98 AD2d 608). Thus, the complaint against Home must be dismissed.

Supreme Court did not abuse its discretion in denying Home’s application for an award of costs, disbursements and attorney’s fees. (Appeals from Judgment of Supreme Court, Monroe County, Calvaruso, J. — Declaratory Judgment.) Present — Denman, P. J., Green, Balio, Doerr and Boehm, JJ.

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191 A.D.2d 962, 595 N.Y.S.2d 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/statt-v-american-home-assurance-co-nyappdiv-1993.

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