City of New York v. First National Insurance

In an action, inter alia, for a judgment declaring that the defendant is obligated to defend the plaintiff as an additional insured in an underlying action entitled Guzman v City of New York, pending in the Supreme Court, Kings County, under index No. 35271/05, the defendant appeals from an order of the Supreme Court, Kings County (Miller, J.), dated October 28, 2009, which granted the plaintiffs motion for summary judgment and denied its cross motion, among other things, for summary judgment.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court,…