Paul Jerge et al., Respondents, v. Christopher Buettner, et al., Defendants, New York Central Mutual Fire Insurance Company, Appellant.

90 N.Y.2d 950, 687 N.E.2d 1328, 665 N.Y.S.2d 45 (1997).

4 No. 182
Decided October 16, 1997

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Roy A. Mura, for appellant.
James P. Shea, for respondents.

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Order reversed, with costs, plaintiffs' motion for summary judgment denied, cross motion of defendant New York Central Mutual Fire Insurance Company for summary judgment granted and judgment granted declaring that defendant insurer has no obligation to defend or indemnify Christopher Buettner in the subject underlying action, for the reasons stated in the dissenting opinion by then-Justice Wesley at the Appellate Division (225 AD2d 294, at 298-299). Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine and Ciparick concur.
Judge Wesley took no part.

Decided October 16, 1997