Country-Wide Ins. Co. v. Impert

174 A.D.3d 802

102 N.Y.S.3d 883 (Mem)

In the Matter of COUNTRY–WIDE INSURANCE COMPANY, Petitioner-Respondent,

v.Jean IMPERT, et al., Respondents;

Nathan Impert, et al., Proposed Additional Respondents-Respondents;

Upnorth Limited, Proposed Additional Respondent;

Torus National Insurance Company, Proposed Additional Respondent-Appellant.

2018–01719

Index 607747/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—April 8, 2019

July 24, 2019

Litchfield Cavo, LLP, New York, N.Y. (Edward M. Fogarty, Jr., of counsel), for proposed additional respondent-appellant.

Jaffe & Koumourdas, LLP (Thomas Torto, New York, NY, of counsel), for petitioner-respondent.

Gail S. Lauzon (Russo & Tambasco, Melville, N.Y. [Susan J. Mitola], of counsel), for proposed additional respondents-respondents.

JOHN M. LEVENTHAL, J.P., HECTOR D. LASALLE, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted; and it is further,

ORDERED that the order is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the petitioner-respondent and the proposed additional respondents-respondents, appearing separately and filing separate briefs.

Under the circumstances presented, we agree with the Supreme Court's determination that the policy of Torus National Insurance Company was the primary insurance policy for coverage (cf. Matter of State...