Royal Sun Alliance Insurance v. Travelers Insurance

In an action for a judgment declaring that the defendant Travelers Insurance Company is obligated to indemnify the defendant Structure Tone, Inc., in an action entitled Nieves v Structure Tone, commenced in the Supreme Court, Kings County, under index No. 3108/99, after the plaintiffs $1 million primary policy is exhausted and before the plaintiffs $6 million policy is applied, the plaintiff appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered October 9, 2003, which denied its motion for summary judgment and granted the cross motion of the defendant…