CITY UNIV. OF N.Y. v. UTICA FIRST INS. CO.

Index No. 656930/19. Appeal No. 16961. Case No. 2022-02309.

211 A.D.3d 600 (2022)

181 N.Y.S.3d 525

2022 NY Slip Op 07293

City University of New York et al., Appellants, v. Utica First Insurance Company, Respondent.

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

Decided December 22, 2022.


Attorney(s) appearing for the Case

Law Office of Eric D. Feldman, New York ( Michael J. Kozoriz of counsel), for appellants.

Farber Brocks & Zane L.L.P., Garden City ( Lester Chanin of counsel), for respondent.

Concur— Webber, J.P., Friedman, Gesmer, Shulman, JJ.


Order, Supreme Court, New York County (Erika Edwards, J.), entered January 3, 2022, which denied plaintiffs' motion for summary judgment declaring that defendant Utica First Insurance Company is required to defend and indemnify plaintiffs in an underlying action on a primary and noncontributory basis, and for a judgment in their favor for defense costs incurred, unanimously affirmed, with costs.

Plaintiffs commenced this action seeking a declaration that Utica, which...

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