Cirone v. Tower Insurance

Order, Supreme Court, New York County (Karen S. Smith, J.), entered December 27, 2006, which, in an action to recover insurance proceeds pursuant to Insurance Law § 3420 (a) (2), denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiffs’ cross motion to the extent of granting partial summary judgment as to liability, unanimously affirmed, with costs.

Plaintiffs were injured when, while walking on the street, they were struck by an underage bicyclist making a delivery for defendant’s insured. Plaintiffs’ counsel and an investigator made an unsuccessful…