Macro Enterprises, Ltd. v. QBE Insurance

*729Order, Supreme Court, New York County (Carol Edmead, J.), entered April 11, 2007, which, insofar as appealed from, denied plaintiffs motion for summary judgment, and granted defendant’s cross motion for summary judgment and declared that plaintiff is not entitled to a defense and indemnity coverage in the underlying third-party action, unanimously affirmed, without costs.

The court properly granted defendant’s cross motion for summary judgment. Plaintiffs failure to notify defendant for more than two years of the underlying occurrence, in which plaintiffs employee was injured in a construction…