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Maroney v. New York Central Mutual Fire Insurance Co.10/27/2005
ntiff alleged that Morris was negligent in supervising her child, a non-business activity. Again, where the policy's language could reasonably be interpreted in favor of the plaintiff, it is the carrier rather than the plaintiff who should bear the consequences of ambiguity.
I would therefore reverse the order appealed from and reinstate Supreme Court's order denying summary judgment to NYCM and granting it to Maroney.
Order affirmed, with costs. Opinion by Judge Ciparick. Chief Judge Kaye and Judges G.B. Smith, Graffeo, Read and R.S. Smith concur. Judge Rosenblatt dissents and votes to reverse in an opinion.
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