Selective Ins. Co. of Am. v County of Rensselaer (2014 NY Slip Op 00394)

Selective Ins. Co. of Am. v County of Rensselaer

2014 NY Slip Op 00394 [113 AD3d 974]

January 23, 2014

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 5, 2014

Selective Insurance Company of America et al., Respondents-Appellants, v County of Rensselaer, Appellant-Respondent.

—[*1] Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Melissa J. Smallacombe of counsel), for appellant-respondent.

Galbo & Associates, Buffalo (Leo C. Kellett of counsel), for respondents-appellants.

Cross appeals from an order of the Supreme Court (McGrath, J.), entered January 17, 2012 in Rensselaer County, which, among other things, partially granted plaintiffs' motion for summary judgment.

Order affirmed, upon the opinion of Justice Patrick J. McGrath.

Peters, P.J., Rose, McCarthy and Garry, JJ., concur. Ordered that the order is affirmed, without costs. [Prior Case History: — Misc 3d —. 2011 NY Slip Op 21490.]