79th Realty Co. v. X.L.O. Concrete Corp.

Order, Supreme Court, New York County (Harold Tompkins, J.), *257entered April 23, 1997, which, insofar as appealed from, denied plaintiff general contractor’s motion for summary judgment declaring that defendant insurer is obligated to defend and indemnify it in a personal injury action under a policy that the insurer issued to defendant subcontractor naming the general contractor as an additional insured, and denied the insurer’s cross motion for summary judgment declaring that it has no such duty to defend and indemnify, unanimously modified, on the law, to grant the general contractor’s…