Opinion
8565 8566 Index 157754/15
03-05-2019
TOWER INSURANCE COMPANY OF NEW YORK, Plaintiff–Respondent, v. ARTISAN SILKSCREEN AND EMBROIDERY, INC., Defendant–Appellant, Castro Realty Corporation, et al., Defendants.
Feder Kaszovitz LLP, New York (David Sack of counsel), for appellant. Kennedys CMK Law LLP, New York (Max W. Gershweir of counsel), for respondent.
Feder Kaszovitz LLP, New York (David Sack of counsel), for appellant.
Kennedys CMK Law LLP, New York (Max W. Gershweir of counsel), for respondent.
Acosta, P.J., Richter, Manzanet–Daniels, Tom, Moulton, JJ.
Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J.), entered August 16, 2017, which granted plaintiff's motion for summary judgment declaring that it has no duty to defend or indemnify defendant Artisan Silkscreen and Embroidery, Inc. (Artisan) in an underlying personal injury action, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered February 23, 2018, which denied Artisan's motion to resettle the court's order dated November 29, 2017, denying Artisan's motion to reargue, unanimously dismissed, without costs.
Artisan is barred from relitigating the issues of the employee exclusion in this proceeding, as this issue, in addition to the "leased contract" exception to the exclusion, was fully litigated in the related third-party action ( Schwartz v. Public Administrator, 24 N.Y.2d 65, 298 N.Y.S.2d 955, 246 N.E.2d 725 [1969] ).
"No appeal lies from an order denying resettlement of the substantive portions of a judgment or order" ( Matter of Antonsen v. Ward, 190 A.D.2d 606, 594 N.Y.S.2d 994 [1st Dept. 1993] ).