Opinion
Submitted January 31, 2001
February 26, 2001.
In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered May 12, 2000, which denied its motion for summary judgment dismissing the third-party complaint.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., of counsel), for third-party defendant-appellant.
Leavitt, Kerson Leffler, Forest Hills, N.Y. (Paul E. Kerson of counsel), for defendants third-party plaintiffs-respondents.
Bracken Margolin, LLP, Islandia, N.Y. (Patricia M. Meisenheimer of counsel), for plaintiffs.
Before: SANTUCCI, J.P., ALTMAN, LUCIANO and H. MILLER, JJ., concur.
DECISION ORDER
ORDERED that the order is affirmed, with costs payable to the defendants.
The third-party complaint alleges that the appellant insurance carrier is obligated to defend and indemnify the third-party plaintiffs in the main action under a general homeowners insurance policy. The Supreme Court properly denied the appellant's motion for summary judgment as there is no evidence that the appellant notified the third-party plaintiffs of the nonrenewal of their homeowner's policy or that the homeowner`s policy had been converted to a fire/dwelling policy (see, Insurance Law § 3426[e][1]).