Dumet v. TIG Insurance

—Order, Supreme Court, New York County (Beverly Cohen, J.), entered January 11, 1999, which denied defendant’s motion for summary judgment and granted plaintiffs’ cross motion for summary judgment, unanimously modified, on the law, plaintiffs’ cross motion denied, and otherwise affirmed, without costs.

This action seeks a declaration that defendant insurer is obligated to defend and indemnify Sherman Estates in another action (Dumet II) brought by the infant plaintiff to recover damages for injury from lead-paint ingestion. Said plaintiff and his family are tenants of an apartment in the…