Robert Pitt Realty, LLC, et al. v. 19-27 Orchard Street, LLC, (N.Y.A.D. 2nd Dept., December 4, 2012)
The underlying case involved a personal injury action whereby an individual suffered an injury during his employment while working on property reportedly owned by the plaintiff, an additional insured. The court found that there was a question of fact over whether there was a duty to defend as factual issues remained in question over whether the employee exclusion served to bar coverage.