Harvester Chemical Corp. v. Aetna Casualty & Surety Co.

—Order of the Supreme Court, Bronx County (Anita Florio, J.), entered on September 23, 1993, which, inter alia, denied the cross-motion of defendant Aetna Casualty & Surety Company for summary judgment, is unanimously modified, on the law, the motion granted, and otherwise affirmed, with costs and disbursements payable by plaintiff.

Defendant Aetna disclaimed coverage under a comprehensive general liability policy in an underlying personal injury action commenced against plaintiff, Harvester, a New Jersey corporation, by Gerald McGovern in Bronx County. Plaintiff commenced this action for…