Rosen v. City of New York

—Order, Supreme Court, New York County (Louis York, J.), entered on or about November 1, 1996, which, in a third-party action seeking a declaration that third-party defendant insurer is obligated to defend and indemnify third-party plaintiffs additional insureds in an underlying action for personal injuries, insofar as appealed from as limited by the insurer’s brief, denied the insurer’s cross motion for summary judgment declaring that it is not so obligated, unanimously affirmed, with costs.

*203As the IAS Court pertinently noted, the insurer, asserting lack of timely notice, disclaimed coverage…