20-35 86th Street Realty, LLC v. Tower Insurance

*479Order, Supreme Court, New York County (Debra A. James, J.), entered April 17, 2012, which granted defendant’s motion to dismiss the complaint to the extent of staying the action pending the determination of the criminal case against the alleged arsonist, and denied plaintiff’s motion to dismiss the second, third, fourth, fifth and sixth affirmative defenses, unanimously modified, on the law, to grant plaintiff’s motion as to the second, third and sixth affirmative defenses, and to vacate the stay, and otherwise affirmed, without costs.

Plaintiff building owner seeks a judgment declaring that…