T & S Masonry v. State Insurance Fund

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered on or about July 6, 2000, which, in a declaratory judgment action, granted plaintiffs motion for summary judgment, unanimously reversed, on the law, without costs, defendant’s cross motion granted, and it is declared that defendant is not obligated to insure, defend, or indemnify plaintiff regarding common-law based claims asserted against it by nonparty Kay Construction Corp. in an underlying personal injury action.

William Gosek commenced the underlying action on March 14, 1995 against Lunt Theatre Company and Lunt…