Appellate Division of the Supreme Court of the State of New York January 31, 2012 (GreenHomes America, LLC v. Farm Family Casualty Insurance)

Memorandum: Plaintiff appeals from an order denying its motion for partial summary judgment on the first cause of action seeking, inter alia, a declaration that defendant is obligated to defend and indemnify it in the underlying subrogation action. It is undisputed that there was a de facto merger of plaintiff and HughesCo, Inc.