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FIRST MERCURY INS. CO. v. NOVA RESTORATION OF NY, INC.

Index No. 656240/16. Appeal Nos. 14992-14493-14494-14495. Case Nos. 2020-03997, 2020-04001, 2020-04002, 2020-04127 and 2021-01122.

203 A.D.3d 598 (2022)

166 N.Y.S.3d 10

2022 NY Slip Op 02059

First Mercury Insurance Company, Respondent, v. Nova Restoration of NY, Inc., et al., Defendants, The Cobblestone Lofts Condominium et al., Appellants, and American Empire Surplus Lines Insurance Company, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 24, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Joseph A.H. McGovern of counsel), for appellants.

Kennedys CMK LLP, New York (Thomas C. Kaufman and Gary S. Kull of the bar of the State of New Jersey, admitted pro hac vice, of counsel), for First Mercury Insurance Company, respondent.

L'Abbate, Balkan, Colavita & Contini, LLP, Melville (John D. McKenna of counsel), for American Empire Surplus Lines Insurance Company, respondent.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.

The Condo defendants' cross motions for summary judgment were properly denied on the ground that Insurance Law § 3420(d)(2) is inapplicable. "By its plain terms, section 3420(d)(2) applies only in a particular context: insurance cases involving death and bodily injury claims arising out of a New York accident and brought under a New York liability policy" (KeySpan Gas E. Corp. v Munich Reins. Am., Inc., 23 N.Y.3d 583, 590 [2014...

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