TOWER INSURANCE COMPANY OF NEW YORK v. SUN

8777, 108391/10.

105 A.D.3d 561 (2013)

963 N.Y.S.2d 225

2013 NY Slip Op 2645

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. RONG RONG SUN, Also Known as ANDY XU, Father and Natural Guardian of BARRY XU, an Infant, et al., Defendants, and ALEJO GOMEZ, an Infant, by Her Mother and Natural Guardian, FULVIA RODRIGUEZ, et al., Respondents.

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

Decided April 18, 2013.


Order, Supreme Court, New York County (Richard F. Braun, J.), entered August 11, 2011, which, to the extent appealed from as limited by the briefs, denied plaintiff insurer's motion for summary judgment declaring that it is not obligated to indemnify or defend its insured, defendant Andy Xu, in the underlying personal injury action, reversed, on the law, the motion granted, without costs, and it is so declared.

On this record, plaintiff, Tower Insurance Company of...

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