Black Bull Contracting, LLC v. Indian Harbor Insurance

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered January 7, 2013, which, in an action seeking a declaratory judgment that defendant insurer is obligated to defend and indemnify plaintiff insured in an underlying personal injury action, granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), and denied plaintiff’s cross motion for summary judgment, unanimously modified, on the law, to declare that defendant has no obligation to defend and indemnify plaintiff in the underlying action, and otherwise affirmed, with costs awarded to defendant…