90 A.D.2d 574 | N.Y. App. Div. | 1982
Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered March 25,1982 in Albany County, which, inter alia, granted plaintiff’s motion for partial summary judgment. In 1975, Clin Bleau and Bleau’s Towing Service (Bleau) commenced an action in Federal District Court against the Town of Bethlehem, the town’s police chief and certain police officers, not including plaintiff Richard Spinosa, seeking damages for violation of their civil rights based upon allegations that the defendants conspired to deprive Bleau of business opportunities. Hartford Insurance Company, the town’s insurer, undertook the defense of the Federal action but advised the town of the policy’s limitations. Thereafter, on March 4, 1977, Bleau started an action in New York State Supreme Court for alleged violation of constitutional rights, false arrest, malicious prosecution, libel,
In the order appealed from, Special Term directed that the name of the defendant insurer be changed from “Hartford Insurance Group”, with which “Hartford Accident and Indemnity Company” is apparently associated, to “Hartford Fire Insurance Company.”