3405 Putnam Realty Corp. v. Insurance Corporation of New York

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered March 28, 2005, which, to the extent appealed from, granted defendant insurer’s cross motion for summary judgment dismissing plaintiffs complaint and denied the cross motion by defendants Kelly and Ortiz for summary judgment to strike defendant insurer’s answer to their cross claim, unanimously affirmed, without costs.

Kelly and Ortiz are plaintiffs in an underlying action against plaintiff 3405 Putnam Realty for injuries allegedly arising due to ingestion of lead paint. 3405 Putnam Realty brought the instant declaratory…