East 51st Street Development Co. v. Lincoln General Insurance

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 5, 2013, which, in this action for a declaratory judgment, denied defendant AXIS Surplus Insurance Company’s motion for an order declaring: (1) the remaining limit of liability on the policy of liability insurance issued by it to Reliance Construction Ltd.; and (2) that it has no further duty to defend or pay defense costs to plaintiffs upon payment of the declared limit, except to declare that the remaining limit of liability on the policy is $1,000,000, unanimously affirmed, with costs.

Our determination on the prior…