Tower Insurance v. Old Northern Blvd. Restaurant Corp.

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 9, 1997, which denied plaintiff’s motion for summary judgment, unanimously reversed, on the law, without costs or disbursements, and plaintiff’s motion for summary judgment for a declaration that it has no duty or obligation to defend or indemnify defendant Old Northern Blvd. Restaurant Corp., doing business as Pat O’Brien’s, in an underlying personal injury action granted.

The standard general liability insurance policy issued by plaintiff insurer to defendant Old Northern Blvd. Restaurant Corp. contained an endorsement…