Town Plaza of Poughquag, LLC et al v. Hartford Fire Insurance Company, No. 1:2012cv07823 - Document 105 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER re: 81 MOTION for Summary Judgment . filed by Hartford Fire Insurance Company, 85 FIRST MOTION for Summary Judgment . filed by Tower Insurance Company of New York, Town Plaza of Poughquag, LLC. For the reasons stated herein, plaintiffs' motion for summary judgment is GRANTED with respect to defendant's duty to defend and DENIED as to defendant's duty to indemnify (ECF No. 85). Defendant's motion for summary judgment is DENIED (ECF No. 81). It is further declared that the Hartford policy is primary insurance, as compared to the Tower policy. The Clerk is respectfully directed to close these motions. (As further set forth in this Order) (Signed by Judge Andrew L. Carter, Jr on 3/31/2016) (lmb)