1515 Broadway Fee Owner, LLC v. Seneca Insurance
Opinion of the Court
Where all applicable policies have been made available for review (cf. Liberty Mut. Ins. Co. v Trystate Mech., Inc., 15 AD3d 236, 237 [2005]), priority of coverage can be determined as a matter of law (see Sport Rock Intl., Inc. v American Cas. Co. of Reading, Pa., 65 AD3d 12, 21 [2009]). The Seneca policy, providing additional insured coverage, is primary in the underlying action (see Tishman Constr. Corp. of N.Y. v American Mfrs. Mut. Ins. Co., 303 AD2d 323, 324 [2003]; see also Harleysville Ins. Co. v Travelers Ins. Co., 38 AD3d 1364, 1365 [2007], lv denied 9 NY3d 811 [2007]; Pav-Lak Indus., Inc. v Arch Ins. Co., 56 AD3d 287, 288 [2008]).
Because plaintiffs failed to address why an immediate hearing was required to determine past defense costs pursuant to CPLR 3212 (c), the motion court did not improvidently exercise its discretion in declining to grant such a request. Concur — Friedman, J.E, Catterson, Renwick and DeGrasse, JJ. [Prior Case History: 2011 NY Slip Op 30455(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.