Contrary to NYCTA's argument, the $950,000 payment made by plaintiff insurer, on behalf of the City, to settle an underlying personal injury action was not voluntary. Although the Court of Appeals, in the decision remitting this matter to us, has determined that the City, like NYCTA, was not an additional insured under the subject policy issued to plaintiff's named insured, nonparty Breaking Solutions, the affidavit of plaintiff's regional claims manager states that plaintiff...
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