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NEW YORK UNIVERSITY v. AMERICAN BUILDING MAINTENANCE

3739, 3740, 106628/08.

78 A.D.3d 615 (2010)

915 N.Y.S.2d 218

NEW YORK UNIVERSITY, Respondent, v. AMERICAN BUILDING MAINTENANCE et al., Defendants, and CONTINENTAL INSURANCE COMPANY, Appellant.

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

Decided November 30, 2010.

Continental has no obligation to defend NYU in the underlying action under a policy that provides, "We[, i.e., Continental] shall have the right, but not the duty, to: 1. Defend or participate in the defense of any `suit' against the insured" (see In re September 11th Liab. Ins. Coverage Cases, 458 F.Supp.2d 104, 123-124, 128 [SD NY 2006]; see also AJ Contr. Co. v Forest Datacom Servs., 309...

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