City of New York v. General Star Indemnity Co.

Order and judgment (one paper), Supreme Court, New York County (Michael D. Stall-man, J.), entered on or about July 19, 2006, granting plaintiff insured’s motion for summary judgment, and declaring that defendant insurer is obligated to defend and indemnify plaintiff in a certain underlying action, unanimously reversed, on the law, without costs, the judgment vacated, and the motion for summary judgment denied.

While the motion court correctly held that the additional insured endorsement on which plaintiff relies is part of the policy under which plaintiff claims coverage, an issue of fact as *431t…