Dzielski v Essex Ins. Co., 19 NY3d 871 (2012)

2012 NY Slip Op 04279 [19 NY3d 871]
June 5, 2012
Court of Appeals

[*1]

In the Matter of Mark Dzielski et al., Respondents,
v
Essex Insurance Company, Appellant, et al., Defendant.

Decided June 5, 2012

Dzielski v Essex Ins. Co., 90 AD3d 1493, reversed.

{**19 NY3d at 873} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, plaintiffs’ motion for summary judgment denied, defendant’s motion for summary judgment granted, and judgment granted to defendant declaring that it has no obligation to indemnify its insured in the underlying personal injury action, for the reasons stated in the dissenting memorandum at the Appellate Division (90 AD3d 1493, 1495-1497 [2011]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.