Viles Contracting Corp. v. Hartford Fire Insurance

—Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about June 30, 1999, which, insofar as appealed from, granted defendant-respondent’s motion for summary judgment, unanimously modified, on the law, to declare that defendant-respondent is not obligated to defend and indemnify plaintiff in the underlying action, and otherwise affirmed, without costs.

Plaintiff asserts that it did not learn of the underlying action until the conditional default order was served on the person designated as its agent with the Secretary of State. While this circumstance may be sufficient to…