Yoda, LLC v. National Union Fire Insurance

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 28, 2006, which denied defendant National Union Fire’s motion to dismiss the complaint and granted plaintiffs’ cross motion for summary judgment to the extent of declaring the insurer’s disclaimer of coverage ineffective under Insurance Law § 3420 (d), unanimously modified, on the law, the cross motion denied, without prejudice to renewal after completion of discovery, and otherwise affirmed, without costs.

Inasmuch as no discovery has been conducted in this matter, and contrary to the IAS court’s observation,…