Perras Excavating, Inc. v. Transportation Insurance

—Mercare, J.

Appeals (1) from an order of the Supreme Court (Demurest, J.), entered October 3, 2000 in St. Lawrence County, which, inter alia, denied defendant’s cross motion for summary judgment, and (2) from an order of said court, entered February 22, 2001 in St. Lawrence County, which, upon reargument, granted plaintiffs motion for summary judgment and declared that defendant was required to provide a defense in the underlying property damage action.

In 1992, Massena Towne Center Associates (hereinafter MTCA) hired plaintiff to perform general contracting services in connection with the…