Motion-Secondary: Preferred Mutual Insurance Company v. Devin M. Harkins, John Or Jane Doe administrator of the Estate of Timothy Harkins, John Or Jane Doe administrator of the Estate of Cynthia Harkins, Kingston Fraternal Youth Babe Ruth League, Inc., Kingston Youth Baseball & Softball Association, Inc., James J. Parkhurst in his representative capacity, as Parent and Guardian, on behalf of M.P. and M.J.P., Infants

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                                At a Special Term of the Supreme Court held
                                        in and for the County of Chenango at the
                                        Chenango County Courthouse in the Town of
                                        Norwich, New York, on the 27th day of
                                        January, 2023.

PRESENT: HON. JOSEPH A. MCBRIDE,
         Justice Presiding.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHENANGO


  PREFERRED MUTUAL INSURANCE
  COMPANY,
                                                                  ORDER
                                    Plaintiff,
                                                          Index No. 2021-00005001
               vs.

  DEVIN M. HARKINS, individually,
  DEVIN M. HARKINS, as administrator of
  the ESTATE OF TIMOTHY HARKINS,
  DEVIN M. HARKINS, as administrator of
  the ESTATE OF CYNTHIA HARKINS,
  BABE RUTH LEAGUE, INC., KINGSTON
  LITTLE LEAGUE; LITTLE LEAGUE
  BASEBALL RISK PURCHASING
  GROUP, INC.; KINGSTON FRATERNAL
  YOUTH BABE RUTH LEAGUE, INC.,
  KINGSTON YOUTH BASEBALL &
  SOFTBALL ASSOCIATION, INC., and
  JAMES J. PARKHURST, in his
  representative capacity, as Parent and
  Guardian, on behalf of M.P. and M.J.P.,
  Infants,

                                  Defendants.

               Plaintiff, PREFERRED MUTUAL INSURANCE COMPANY, having duly

moved this Court pursuant to CPLR § 3212 for an Order granting summary

judgment on its declaratory judgment claims, seeking a ruling that Plaintiff has no

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duty to defend or indemnify Defendant Devin M. Harkins, individually or as

administrator of the Estate(s) of Timothy Harkins and Cynthia Harkins under

Homeowner’s Policy of Insurance #PHO-0100-67-53-36 in any action arising out of

any instance(s) of sexual contact perpetrated by Defendant Devin M. Harkins; and

for an Order granting Plaintiff’s request for default judgment against Defendants

Little League Baseball Risk Purchasing Group, Inc.; Kingston Youth Baseball &

Softball Association, Inc.; and James J. Parkhurst, in his representative capacity, as

Parent and Guardian, on behalf of M.P. and M.J.P., Infants; and

               NOW, on reading and filing Plaintiff Preferred Mutual Insurance Company’s

Notice of Motion dated November 18, 2022, the Affirmation of Joseph A. Gaetano,

Esq., dated November 18, 2022, with exhibits, and Memorandum of Law dated

November 18, 2022; and there having been no opposition submitted to Plaintiff’s

motion by any Defendant in this action; and the motion having been returnable “on

submission”; it is hereby

               ORDERED, that the motion of the Plaintiff be and it hereby is in all respects

granted in its entirety; and it is further

               ORDERED, that Plaintiff has no duty to defend or indemnify Defendant

Devin M. Harkins under the aforementioned policy; and it is further

               ORDERED, that Plaintiff is entitled to a default judgment against the

remaining Defendants.

Dated: ________________________, 2023

                                                     ____________________________________
                                                     HON JOSEPH A. MCBRIDE, J.S.C

ENTER:
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