97 A.D.2d 495 | N.Y. App. Div. | 1983
In an action for a judgment declaring the obligations of the defendants under the provisions of certain insurance policies, the defendant State Insurance Fund appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Westchester County (Cerrato, J.), entered June 26, 1982, as granted plaintiffs’ motion for summary judgment against it on their first and eighth causes of action, and declared that the defendant State Insurance Fund must provide a defense in all actions pending in that court brought against plaintiffs by Dorothy G. Caruolo individually and as administratrix of the estate of Fred J. Caruolo. Judgment modified, on the law, by deleting from the first and third decretal paragraphs thereof those provisions which grant summary judgment to plaintiffs on their eighth cause of action, by adding to the second decretal paragraph thereof a provision striking the answer of the defendant State Insurance Fund only as to plaintiffs’ first cause of action, and by adding thereto a provision granting summary judgment to said defendant pursuant to CPLR 3212 (subd