140 BROADWAY PROP. v. SCHINDLER EL. CO.

2009-02305

73 A.D.3d 717 (2010)

901 N.Y.S.2d 292

140 BROADWAY PROPERTY et al., Respondents, v. SCHINDLER ELEVATOR COMPANY, Defendant, and ZURICH AMERICAN INSURANCE COMPANY, Appellant.

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

Decided May 4, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion of the defendant Zurich American Insurance Company for summary judgment declaring that it is not obligated to defend and indemnify the plaintiffs in the underlying action is granted, and the matter remitted to the Supreme Court, Kings County, for the entry of an appropriate declaratory judgment.

The plaintiffs 140 Broadway...

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