Zurich Insurance v. Texasgulf, Inc.

Order and judgment (one paper), Supreme Court, New York County (Herman Cahn, J.), entered September 11, 1995, which granted plaintiffs motion for summary judgment to the extent of, in effect, declaring that it has no duty to indemnify or further defend defendants in the pending underlying action in Federal court and dismissing defendants’ first, second and third counterclaims, and denied plaintiffs motion insofar as it sought dismissal of the fourth counterclaim, with leave to renew after discovery, unanimously modified, on the law, to the extent of granting plaintiffs motion to dismiss the…