Commercial Union Insurance v. Eastern Refractories Co.

In an action for a judgment declaring the rights and obligations of the parties under an insurance policy, the plaintiff appeals from (1) a judgment of the Supreme Court, Westchester County (Silverman, J.), entered July 24, 1996, which (a) denied its motion for summary judgment and (b) on the court’s own motion, granted the defendant summary judgment declaring it to be a subcontractor under the subject insurance policy and thus entitled to complete coverage, and (2) an order of the same court, entered December 6, 1996, which denied its motion for reargument.

Ordered that the judgment is…