GREATER NEW YORK MUTUAL INSURANCE CO. ET AL., plf-ap, v. CHUBB INDEMNITY INSURANCE COMPANY, def-res

9514. GREATER NEW YORK MUTUAL INSURANCE CO. ET AL., plf-ap, v. CHUBB INDEMNITY INSURANCE COMPANY, def-res — Shayne, Dachs, Sauer & Dachs, LLP, Mineola (Norman H. Dachs of counsel), for ap — Goodman & Jacobs, LLP, New York (Judith F. Goodman of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Louis B. York, J.), entered October 2, 2012, which denied plaintiffs' motion for summary judgment and granted defendant's cross motion for summary judgment declaring that defendant has no responsibility to defend or indemnify plaintiffs Eleven Riverside Garage Corp. or Alfonso Parra in an underlying personal injury action, unanimously modified, on the law, to grant the motion and deny the cross motion to the extent of declaring that defendant must defend and indemnify plaintiffs Alfonso Parra and Eleven Riverside Garage Corp. (the garage) in the underlying action, and otherwise affirmed, without costs.

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9514. GREATER NEW YORK MUTUAL INSURANCE CO. ET AL., plf-ap, v. CHUBB INDEMNITY INSURANCE COMPANY, def-res — Shayne, Dachs, Sauer & Dachs, LLP, Mineola (Norman H. Dachs of counsel), for ap — Goodman & Jacobs, LLP, New York (Judith F. Goodman of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Louis B. York, J.), entered October 2, 2012, which denied plaintiffs’ motion for summary judgment and granted defendant’s cross motion for summary judgment declaring that defendant has no responsibility to defend or indemnify plaintiffs Eleven Riverside Garage Corp. or Alfonso Parra in an underlying personal injury action, unanimously modified, on the law, to grant the motion and deny the cross motion to the extent of declaring that defendant must defend and indemnify plaintiffs Alfonso Parra and Eleven Riverside Garage Corp. (the garage) in the underlying action, and otherwise affirmed, without costs.

Parra — an employee of the garage — was parking a vehicle owned by nonparty Ellen Waldron Peress (Waldron) when he ran over nonparty Paul Peress. The vehicle rolled over Peress’ body up to his waist or lower back before Parra stopped.

GREATER NEW YORK MUTUAL INSURANCE CO. ET AL., plf-ap, v. CHUBB INDEMNITY INSURANCE COMPANY, def-res

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