Citation Numbers: 198 A.D.2d 846, 604 N.Y.S.2d 419
Filed Date: 11/19/1993
Status: Precedential
Modified Date: 1/13/2022
—Judgment unanimously modified on the law and as modified affirmed with costs to Joseph B. and judgment granted in accordance with the following Memorandum: Failure of an insurer to give written notice of disclaimer of liability or denial of coverage to the insured "as soon as is
Supreme Court should have declared the rights of the parties (see, St. Lawrence Univ. v Trustees of Theol. School of St. Lawrence Univ., 20 NY2d 317, 325; Pless v Town of Royalton, 185 AD2d 659, 660, affd 81 NY2d 1047). We modify the judgment to declare that Berkshire is obligated to defend and indemnify third-party plaintiff Joseph B. with respect to the action brought against him by plaintiff Alice J. (Appeal from Judgment of Supreme Court, Oswego County, Nicholson, J. — Summary Judgment.) Present — Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.