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NYAT OPERATING CORP. v. GAN NATIONAL INSURANCE COMPANY

46 A.D.3d 287 (2007)

847 N.Y.S.2d 179

NYAT OPERATING CORP., Formerly Known as NEW YORK APPLE TOURS, INC., Plaintiff, and RENATA CABRERA, Respondent, v. GAN NATIONAL INSURANCE COMPANY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 6, 2007.

The dismissal of NYAT's complaint as a result of its default in opposing GAN's CPLR 3126 motion does not estop Cabrera from asserting NYAT's coverage under the subject commercial general liability policy for the sexual assault committed against her by NYAT's employee (Zimmerman v Tower Ins. Co. of N.Y., 13 A.D.3d 137 [2004]; see Stumpf AG v Dynegy Inc., 32 A.D.3d 232, 233 [2006]). On the...

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