Empire Associates v. North River Insurance

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered March 27, 1995, which, inter alia, granted plaintiffs’ motion for summary judgment, denied defendants’ cross motion for summary judgment, and declared that defendants are obligated to defend and indemnify plaintiffs in an underlying action, unanimously affirmed, with costs.

Since plaintiffs did not have keys to the safety deposit boxes of their tenants, but merely controlled access into and provided independent security guard services for the vault room where the boxes were located, defendants were contractually required…