Essex Ins. Co. v NDC Realty, Inc. (2017 NY Slip Op 07878)

Essex Ins. Co. v NDC Realty, Inc.

2017 NY Slip Op 07878 [155 AD3d 1608]

November 9, 2017

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 3, 2018

[*1]

Essex Insurance Company, Respondent,
v
NDC Realty, Inc., Defendant, and Scott Liger, Appellant.

Viola, Cummings & Lindsay, LLP, Niagara Falls (Michael J. Skoney of counsel), for defendant-appellant.

Goldberg Segalla, LLP, Buffalo (Sharon Angelino of counsel), for plaintiff-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered April 15, 2016. The judgment, inter alia, declared that plaintiff has no remaining duty to defend and indemnify defendant NDC Realty, Inc. in the underlying personal injury action brought by defendant Scott Liger.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Whalen, P.J., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.