69 West 9 Owners Corp. v. Admiral Indemnity Co.

*470Order, Supreme Court, New York County (Anil C. Singh, J.), entered May 24, 2011, which denied the parties’ motions for summary judgment, unanimously affirmed, without costs.

In this declaratory judgment action, plaintiffs seek coverage from defendant in an underlying lawsuit against the plaintiff residential cooperative and some of its board members brought by a resident shareholder. The dispute centers, in part, on the timeliness of plaintiffs’ forwarding to defendant insurer of a number of documents submitted by the resident shareholder in the underlying action.

The motion court erred in…