Preferred Mutual Insurance v. Zani

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered June 25, 2014, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment declaring that it had no obligation to defend or indemnify defendant John C. Zani doing business as Classic Home Improvement in the subrogation action brought by defendant Aspen American Insurance Company with respect to certain property damage, and so declared, unanimously affirmed, without costs.

Aspen’s allegations in its subrogation action that as a result of Zani’s negligent work on Aspen’s…