TRUCKING SERVICE INC v. NEW YORK STATE THRUWAY AUTHORITY (2000)

In related claims, inter alia, to recover damages for injury to property and a third-party claim in Claim No. 6 for a judgment declaring the rights of the parties under certain insurance policies, Continental Casualty Insurance Company, the third-party defendant in Claim No. 6, appeals from a judgment of the Court of Claims (King, J.), dated November 27, 1998, which, after a nonjury trial, declared that it was obligated to provide a defense to the defendant third-party claimant New York State Thruway Authority in the main claims.

ORDERED that the judgment is affirmed, with costs.

 The determination of a trial court after a nonjury trial should not be disturbed on appeal unless it is not supported by legally sufficient evidence or could not have been reached by any fair interpretation of the evidence (see, Greenberg v. Behlen, 220 A.D.2d 720, 633 N.Y.S.2d 189).   The evidence here is legally sufficient to support the determination that the appellant was equitably estopped from denying coverage to the defendant third-party plaintiff.   Further, the determination was based upon a fair interpretation of the evidence (see, Brooklyn Hosp. Ctr. v. Centennial Ins. Co., 258 A.D.2d 491, 685 N.Y.S.2d 267;  Indemnity Ins. Co. of N. Am. v. Charter Oak Ins. Co., 235 A.D.2d 521, 653 N.Y.S.2d 135).

MEMORANDUM BY THE COURT.