JERGE v. New York Central Mutual Fire Insurance Company, Appellant. (1997)

Court of Appeals of New York.

Paul JERGE et al., Respondents, v. Christopher BUETTNER, et al., Defendants, New York Central Mutual Fire Insurance Company, Appellant.

Decided: October 16, 1997

Roy A. Mura, Buffalo, for appellant. James P. Shea, for respondents.

Order reversed, with costs, plaintiffs' motion for summary judgment denied, cross motion of defendant New York Central Mutual Fire Insurance Company for summary judgment granted and judgment granted declaring that defendant insurer has no obligation to defend or indemnify Christopher Buettner in the subject underlying action, for the reasons stated in the dissenting opinion by then-Justice Wesley at the Appellate Division (225 A.D.2d 294, at 298-299, 649 N.Y.S.2d 269).

KAYE, C.J., and TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur. WESLEY, J., took no part.

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