Harriman Estates Development Corp. v. General Accident Insurance

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered July 19, 2002, which, in a declaratory judgment action involving defendant insurer’s (Transcontinental) obligation to defend and indemnify plaintiff home builder (Harriman) in an underlying personal injury action brought against Harriman and others by an employee of Transcontinental’s insured (X Traire), one of Harriman’s contractors, granted Transcontinental’s motion for summary judgment dismissing the complaint on the ground of collateral estoppel, unanimously affirmed, with costs.

The contract between Harriman and X Traire…