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Olinsky v. CNA Insurance Companies
Citations: 261 A.D.2d 886; 689 N.Y.S.2d 815; 1999 N.Y. App. Div. LEXIS 4932
Court: Appellate Division of the Supreme Court of the State of New York; May 7, 1999; New York; State Appellate Court
Judgment modified unanimously on legal grounds and affirmed, with no costs awarded. The Supreme Court's finding that the defendant has no duty to defend or indemnify the plaintiff in the underlying legal malpractice case is supported by the record. The plaintiff's sole evidence of alleged malpractice occurring within the policy coverage period was the bill of particulars, which was served after the court had already granted partial summary judgment on liability, leaving only the damages issue. Consequently, any subsequent claims of malpractice were deemed irrelevant. While the court addressed the merits of the claims, it should have declared the parties' rights instead of dismissing the complaint. The judgment is modified to reinstate the complaint, ruling in favor of the defendant, affirming that it has no duty to defend or indemnify the plaintiff in the underlying action. The appeal originated from the Supreme Court in Oswego County, presided over by Judge Nicholson.