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TERTIARY, INC. v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

5677N. 156930/15.

158 A.D.3d 482 (2018)

67 N.Y.S.3d 836

2018 NY Slip Op 00926

TERTIARY, INC., Respondent, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY et al., Appellants.

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

Decided February 8, 2018.

Plaintiff failed to establish prima facie that it is entitled to a default judgment declaring that defendants are obligated to defend and indemnify it in a personal injury action (see Woodson v Mendon Leasing Corp., 100 N.Y.2d 62, 71 [2003]; AMEC Constr. Mgt., Inc. v City of New York, 132 A.D.3d 547, 549 [1st Dept 2015]), since it has not been sued in that action (see QBE Ins. Corp. v...

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