CHAPPAQUA CENTRAL SCHOOL DISTRICT ap, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, RESPONDENT def

CHAPPAQUA CENTRAL SCHOOL DISTRICT ap, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, RESPONDENT def — (INDEX NO. 9717/12)In an action for a judgment declaring that the defendant Philadelphia Indemnity Insurance Company is obligated to defend and indemnify the plaintiffs herein in an underlying personal injury action entitled Brunsting v. Chappaqua Cent. Sch. Dist., commenced in the Supreme Court, Westchester County, under Index No. 53598/11, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Brown, J.), entered October 10, 2014, which granted the motion of the defendant Philadelphia Indemnity Insurance Company for summary judgment, in effect, declaring that it is not obligated to defend and indemnify the plaintiffs in the underlying action, and denied their cross motion for summary judgment declaring that the defendant Philadelphia Indemnity Insurance Company is so obligated.

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CHAPPAQUA CENTRAL SCHOOL DISTRICT ap, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, RESPONDENT def — (INDEX NO. 9717/12)In an action for a judgment declaring that the defendant Philadelphia Indemnity Insurance Company is obligated to defend and indemnify the plaintiffs herein in an underlying personal injury action entitled Brunsting v. Chappaqua Cent. Sch. Dist., commenced in the Supreme Court, Westchester County, under Index No. 53598/11, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Brown, J.), entered October 10, 2014, which granted the motion of the defendant Philadelphia Indemnity Insurance Company for summary judgment, in effect, declaring that it is not obligated to defend and indemnify the plaintiffs in the underlying action, and denied their cross motion for summary judgment declaring that the defendant Philadelphia Indemnity Insurance Company is so obligated.

ORDERED that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant Philadelphia Indemnity Insurance Company is not obligated to defend or indemnify the plaintiffs in the underlying action.

CHAPPAQUA CENTRAL SCHOOL DISTRICT ap, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, RESPONDENT def

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