Tingue v. Dryden Mutual Insurance

Appellate Division of the Supreme Court of New York

Tingue v. Dryden Mutual Insurance

238 A.D.2d 950, 661 N.Y.S.2d 562, 1997 N.Y. App. Div. LEXIS 4803

Appellate Division of the Supreme Court of the State of New York·Decided April 25, 1997·Published

Opinion

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the complaint in this declaratory judgment action and in failing to declare the rights of the parties (see, Tumminello v Tumminello, 204 AD2d 1067). We therefore modify the judgment by reinstating the complaint and by granting judgment in favor of defendant declaring that defendant is not obligated to indemnify plaintiffs for damages in the actions brought by plaintiffs. (Appeal from Judgment of Supreme Court, Wayne County, Parenti, J.— Declaratory Judgment.) Present—Denman, P. J., Green, Callahan, Balio and Boehm, JJ.

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—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the complaint in this declaratory judgment action and in failing to declare the rights of the parties (see, Tumminello v Tumminello, 204 AD2d 1067). We therefore modify the judgment by reinstating the complaint and by granting judgment in favor of defendant declaring that defendant is not obligated to indemnify plaintiffs for damages in the actions brought by plaintiffs. (Appeal from Judgment of Supreme Court, Wayne County, Parenti, J.— Declaratory Judgment.) Present—Denman, P. J., Green, Callahan, Balio and Boehm, JJ.

Tingue v. Dryden Mutual Insurance, 238 A.D.2d 950, 661 N.Y.S.2d 562, 1997 N.Y. App. Div. LEXIS 4803 (N.Y. Ct. App. 1997).

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238 A.D.2d 950 (Tingue v. Dryden Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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