511 Main Street Corp. v. Fireman's Fund Insurance

— Judgment unanimously reversed, with costs, defendants’ motion denied and judgment granted in favor of plaintiffs, in accordance with the following memorandum: Because the several complaints for property and other damage contain general allegations of negligence on the part of each defendant, Special Term erred in granting summary judgment and dismissing plaintiffs’ declaratory judgment action. “It is well settled that the duty of a liability carrier to defend is broader than the duty to pay (Goldberg v Lumber Mut. Cas. Ins. Co. of N. Y., 297 NY 148) even against lawsuits, within the compass…