Cruz v. Western Heritage Insurance Co.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about June 28, 2016, which granted plaintiff’s motion for summary judgment declaring that defendant must defend plaintiff in an underlying personal injury action, and denied defendant’s motion for summary judgment declaring in its favor and dismissing the complaint, unanimously modified, on the law, to deny plaintiff’s motion, and to grant the part of defendant’s motion that seeks a declaration, and otherwise affirmed, without costs. The Clerk is directed to enter judgment declaring that defendant has no duty to defend or…