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MARINA GRAND, INC. v. TOWER INSURANCE COMPANY OF NEW YORK

63 A.D.3d 1012 (2009)

MARINA GRAND, INC., Plaintiff/Counterclaim Defendant-Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Defendant/Counterclaim Plaintiff-Appellant, et al., Additional Counterclaim Defendants, and JOSEPH DALESSIO, Additional Counterclam Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 23, 2009.

Ordered that the order is reversed, on the law, with costs, the cross motion of the defendant/counterclaim plaintiff for summary judgment declaring that it is not obligated to defend and indemnify the plaintiff/counterclaim defendant, Marina Grand, Inc., in the underlying action is granted, the motion to consolidate this action with the underlying action is denied as academic, and the matter is remitted to the Supreme Court, Richmond County, for the entry of a judgment declaring...

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