Eastern Niagara Radiology & Nuclear Medicine Assoc., P.C. v Hartford Fire Ins. Co.
2007 NY Slip Op 08652 [45 AD3d 1398]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Eastern Niagara Radiology & Nuclear Medicine Associates, P.C., et al., Respondents, v Hartford Fire Insurance Company, Appellant.

—[*1] Churbuck Calabria Jones & Materazo, P.C., Hicksville (Nicholas P. Calabria of counsel), for defendant-appellant.

Marcus Andreozzi & Fickess, LLP, Clarence (David P. Marcus of counsel), for plaintiffs-respondents.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Erie County (Timothy J. Walker, J.), entered December 26, 2006 in a declaratory judgment action. The judgment granted plaintiffs' motion for summary judgment, denied defendant's cross motion for summary judgment, and declared that defendant is obligated to defend and indemnify plaintiffs in the underlying action.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Scudder, P.J., Hurlbutt, Smith and Pine, JJ.