Kel-Mar Designs, Inc. v. Harleysville Ins. Co. of N.Y.

Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered January 14, 2014, which denied plaintiffs motion for summary judgment, granted defendants’ motion for summary judgment, and declared that defendants do not have a duty to defend or indemnify plaintiff, Frost Equities, or Walgreens in the underlying personal injury action, unanimously reversed, on the law, without costs, the declaration vacated, defendants’ motion denied, and plaintiffs motion granted to the extent of declaring that defendant Harleysville Insurance Company of New York (defendant),…