Tower Ins. Co. of N.Y. v. Hossain

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered December 22, 2014, which denied as premature plaintiff’s motion for a default judgment against defendant Hossain and for summary judgment declaring that it has no duty to defend or indemnify Hossain in the underlying personal injury action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment declaring that plaintiff has no duty to defend or indemnify Hossain in the underlying personal injury action.

The motion court correctly found that plaintiff established prima…