Opinion
01-05-2017
76–01 37TH AVE. REALTY CORP., et al., Plaintiffs–Appellants, v. DONGBU INSURANCE COMPANY, LTD., Defendant–Respondent.
Carroll McNulty & Kull LLC, New York (Max W. Gershweir of counsel), for appellants. Ken Maguire & Associates PLLC, Garden City (Kenneth R. Maguire of counsel), for respondent.
Carroll McNulty & Kull LLC, New York (Max W. Gershweir of counsel), for appellants.
Ken Maguire & Associates PLLC, Garden City (Kenneth R. Maguire of counsel), for respondent.
Order, Supreme Court, New York County (Ellen M. Coin, J.), entered September 25, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiffs' motion for summary judgment declaring that defendant is obligated to indemnify plaintiff 76–01 37TH Ave. Realty Corp. in the underlying personal injury action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment declaring that defendant is obligated to indemnify plaintiff 76–01 37TH Ave. Realty Corp. in the underlying action.
Since there is no dispute that all the allegations in the underlying action fall within the scope of the insurance policy issued by defendant, defendant is obligated to indemnify plaintiff 76–01 37TH Ave. Realty Corp. for any liability it is found to bear in that action, and the declaration need not await the final judgment therein (see Regal Constr. Corp. v. National Union Fire Ins. Co. of Pittsburgh, PA, 15 N.Y.3d 34, 39, 904 N.Y.S.2d 338, 930 N.E.2d 259 [2010] ; Maldonado v. Kissm Realty Corp., 18 A.D.3d 627, 628, 796 N.Y.S.2d 619 [2d Dept.2005], lv. denied 5 N.Y.3d 709, 803 N.Y.S.2d 30, 836 N.E.2d 1153 [2005] ).
ACOSTA, J.P., MAZZARELLI, ANDRIAS, FEINMAN, WEBBER, JJ., concur.