Seneca Insurance v. Naprawa

—Order, Supreme Court, New York County (Nicholas Figueroa, J.), entered September 10, 2001, which, in an action to determine whether the policy issued by plaintiff to defendant 985 Fifth Avenue Company requires plaintiff to indemnify its insureds in the event that the liability alleged against the insureds in the underlying action is established, denied, with leave to renew following a determination of liability in the underlying action, defendants-appellants’ motion for partial summary judgment, unanimously affirmed, with costs.

In the underlying action, Jeffrey Naprawa alleges that a…