Freeway Co., LLC v. Technology Ins. Co., Inc.

Order, Supreme Court, New York County (Paul Wooten, J.), entered April 28, 2015, which denied plaintiff’s motion for summary judgment declaring that defendant Technology Insurance Company, Inc. has a duty to defend and indemnify plaintiff in the underlying action, and granted Technology’s motion for summary judgment declaring in its favor, and dismissed the complaint, unanimously modified, on the law, to declare that Technology has no duty to defend or indemnify plaintiff in the underlying action, and otherwise affirmed, without costs.

Plaintiff failed to establish prima facie that its failure…