Yoda, LLC v. National Union Fire Insurance

Orders, Supreme Court, New York County (Doris Ling-Cohan, J.), entered September 16, 2008 and September 15, 2008, which, respectively, denied defendant National Union’s prediscovery motion for summary judgment declaring that it is obligated to provide only the final tier of liability coverage in the underlying Labor Law action, and denied National Union’s motion for a protective order staying discovery, unanimously affirmed, with costs.

When ruling on National Union’s first appeal to this Court (50 AD3d 492 [2008]),-we agreed with its argument that insofar as no discovery had been exchanged,…