Atlantic Mutual Insurance v. Greater New York Mutual Insurance

Order, Supreme Court, New York County (Herman Cahn, J.), entered April 10, 1996, which, insofar as appealed from, granted defendants’ cross-motion for summary judgment dismissing the action, unanimously reversed, insofar as appealed from, on the law, without costs or disbursements, the cross-motion denied and the matter remanded for a determination of defendant Greater New York Mutual Insurance Company’s pro rata share of the costs of defending the Bensuli action.

Having insured a common obligation by providing successive coverage to their insured, 1010 Tenants Corp., plaintiff and defendant…