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SENECA INS. v. CIMRAN CO.

601087/10, 9226.

106 A.D.3d 166 (2013)

963 N.Y.S.2d 182

2013 NY Slip Op 2360

SENECA INSURANCE COMPANY, INC., Appellant-Respondent, v. CIMRAN CO., INC., et al., Respondents-Appellants.

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

Decided April 9, 2013.

Attorney(s) appearing for the Case

Tese & Milner, New York City ( Michael M. Milner and Alexander Statsky of counsel), for appellant-respondent.

Keidel, Weldon & Cunningham, LLP, White Plains ( Darren P. Renner and Zachary A. Mengel of counsel), for respondents-appellants.

SWEENY, J.P., and FEINMAN, JJ., concur with SAXE, J.; DEGRASSE and ABDUS-SALAAM, JJ., dissent in a separate opinion by ABDUS-SALAAM, J.

OPINION OF THE COURT

SAXE, J.

This appeal provides us, once again, with the opportunity to reiterate and reaffirm an ancient principle of insurance law: that insurance coverage cannot be imposed based on liability for which insurance was not purchased or provided.

While summary judgment was properly denied to plaintiff, Seneca Insurance Company, on its cause of action seeking a declaration that the insurance...

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