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CIAMPA 21, LLC v. QBE INSURANCE CORPORATION

2010-02111.

81 A.D.3d 586 (2011)

915 N.Y.S.2d 871

CIAMPA 21, LLC, Respondent, v. QBE INSURANCE CORPORATION, Appellant, et al., Defendant.

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

Decided February 1, 2011.

Ordered that the order is reversed, on the law, with costs, the motion of the defendant QBE Insurance Corporation for summary judgment, in effect, declaring that it is not obligated to defend or indemnify Ciampa 21, LLC, in the underlying action is granted, the plaintiff's cross motion for summary judgment declaring that the defendant QBE Insurance Corporation is so obligated is denied, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment...

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