SALEH AHMED MEAH plf-res, v. A. ALEEM CONSTRUCTION, INC., DEFENDANT THIRD-PARTY PLAINTIFF/ SECOND THIRD-PARTY plf-ap, GARDEN OF EDEN ASSOCIATES, L.P., DEFENDANT-ap; LIBERTY CONTRACTING & HOME IMPROVEMENT, THIRD-PARTY DEFENDANT-res; RUTGERS CASUALTY INSURANCE COMPANY, SECOND THIRD-PARTY def-res

SALEH AHMED MEAH plf-res, v. A. ALEEM CONSTRUCTION, INC., DEFENDANT THIRD-PARTY PLAINTIFF/ SECOND THIRD-PARTY plf-ap, GARDEN OF EDEN ASSOCIATES, L.P., DEFENDANT-ap; LIBERTY CONTRACTING & HOME IMPROVEMENT, THIRD-PARTY DEFENDANT-res; RUTGERS CASUALTY INSURANCE COMPANY, SECOND THIRD-PARTY def-res — (INDEX NO. 1470/06)In an action to recover damages for personal injuries, etc., the defendant thirdparty plaintiff/second third-party plaintiff, A. Aleem Construction, Inc., and the defendant Garden of Eden Associates, L.P., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated July 14, 2011, as (1) denied those branches of their motion which were for summary judgment declaring that the second third-party defendant, Rutgers Casualty Insurance Company, did not issue a valid timely disclaimer of coverage in connection with the subject occurrence, that its insured, the third-party defendant, Liberty Contracting & Home Improvement, did not make material misrepresentations in its application for insurance with the second third-party defendant, and that the second third-party defendant is obligated to defend and indemnify the third-party defendant in this action, and (2) granted the cross motion of the second third-party defendant, Rutgers Casualty Insurance Company, in effect, for summary judgment declaring that it is not obligated to defend and indemnify the third-party defendant, Liberty Contracting & Home Improvement, or the defendant third-party plaintiff/ second third-party plaintiff, A. Aleem Construction, Inc., in this action.

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SALEH AHMED MEAH plf-res, v. A. ALEEM CONSTRUCTION, INC., DEFENDANT THIRD-PARTY PLAINTIFF/ SECOND THIRD-PARTY plf-ap, GARDEN OF EDEN ASSOCIATES, L.P., DEFENDANT-ap; LIBERTY CONTRACTING & HOME IMPROVEMENT, THIRD-PARTY DEFENDANT-res; RUTGERS CASUALTY INSURANCE COMPANY, SECOND THIRD-PARTY def-res — (INDEX NO. 1470/06)In an action to recover damages for personal injuries, etc., the defendant thirdparty plaintiff/second third-party plaintiff, A. Aleem Construction, Inc., and the defendant Garden of Eden Associates, L.P., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated July 14, 2011, as (1) denied those branches of their motion which were for summary judgment declaring that the second third-party defendant, Rutgers Casualty Insurance Company, did not issue a valid timely disclaimer of coverage in connection with the subject occurrence, that its insured, the third-party defendant, Liberty Contracting & Home Improvement, did not make material misrepresentations in its application for insurance with the second third-party defendant, and that the second third-party defendant is obligated to defend and indemnify the third-party defendant in this action, and (2) granted the cross motion of the second third-party defendant, Rutgers Casualty Insurance Company, in effect, for summary judgment declaring that it is not obligated to defend and indemnify the third-party defendant, Liberty Contracting & Home Improvement, or the defendant third-party plaintiff/ second third-party plaintiff, A. Aleem Construction, Inc., in this action.

ORDERED that the order is affirmed insofar as appealed from, with costs to the second third-party defendantrespondent, and the matter is remitted to the Supreme Court, Kings County, for the entry of an appropriate declaratory judgment in accordance herewith.

SALEH AHMED MEAH plf-res, v. A. ALEEM CONSTRUCTION, INC., DEFENDANT THIRD-PARTY PLAINTIFF/ SECOND THIRD-PARTY plf-ap, GARDEN OF EDEN ASSOCIATES, L.P., DEFENDANT-ap; LIBERTY CONTRACTING & HOME IMPROVEMENT, THIRD-PARTY DEFENDANT-res; RUTGERS CASUALTY INSURANCE COMPANY, SECOND THIRD-PARTY def-res

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