OneBeacon Ins. Co. v Community Mut. Ins. Co.
2008 NY Slip Op 07464 [55 AD3d 1403]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


OneBeacon Insurance Company, Plaintiff, v Community Mutual Insurance Company, Appellant, and Lee A. Kroening et al., Respondents, et al., Defendants.

—[*1] Hiscock & Barclay, LLP, Albany (Joseph A. Wilson of counsel), for defendant-appellant.

Jackson, Balkin & Douglas, Lockport (David C. Douglas of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered June 28, 2007 in a declaratory judgment action. The order determined that defendant Lee A. Kroening was acting as an employee of defendant Ann Kroening and Albert Kroening at the time of the motor vehicle accident in question.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Martoche, Fahey, Peradotto and Gorski, JJ.