Axton Cross Co. v. Lumbermens Mutual Casualty Co.

— Order and judgment (one paper), Supreme Court, New York County (Diane A. Lebedeff, J.), entered on or about January 25, 1991, which denied defendants’ motion for summary judgment, granted plaintiff’s cross motion for partial summary judgment, and declared that defendant Lumbermens Mutual Casualty Company is required to defend plaintiff in an action brought in Westchester County, unanimously affirmed, with costs.

Defendant is not relieved of its obligation to defend plaintiff in the underlying action on the ground that the complaint and original bill of particulars did not allege that the…