City of New York v. Western Heritage Insurance

MEMORANDUM & ORDER

DEARIE, District Judge.

In this declaratory judgment action, the City of New York (the “City”), Dragonetti Brothers Landscaping Nursery and Tree Care, Inc. (“Dragonetti”), and Scott V. Paolino (“Paolino”)1 seek an order that they are entitled to a defense and indemnity under a commercial general liability policy insured by Western Heritage Insurance Company (“Western Heritage”), with respect to an underlying automobile accident. The parties have cross-moved for summary judgment on whether the general liability policy covers the underlying automobile accident, and whether…