Caterpillar Insurance v. Metro Construction Equities

In an action for a judgment declaring that the plaintiff is not obligated to provide coverage pursuant to an insurance policy for a certain loss allegedly sustained by the defendant, the defendant appeals, as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Dufficy, J.), dated June 7, 2013, as denied those branches of its cross motion which were, in effect, for summary judgment declaring that the plaintiff is not entitled to deny coverage based on its failure to provide a sworn proof of loss statement, and that the plaintiff is…