Rodriguez v. Metropolitan Life Insurance

—Order and judgment (one paper), Supreme Court, New York County (Stuart Cohen, J.), entered on or about May 23, 1997, inter alia, declaring that fourth-party defendant insurer is not obligated to defend or indemnify fourth-party plaintiff insured in an underlying personal injury action, unanimously affirmed, without costs.

We reject the insured’s contention that the prior unappealed order of another Justice, which referred the issue of the timeliness of the insurer’s disclaimer to a Special Referee in the context of a perceived factual issue as to when the insured notified the insurer of its…