TOWER INSURANCE COMPANY OF NEW YORK, plf-ap, v. METRO PROPERTY GROUP, LLC def-res, BRUCE WITTENBERG def

10149. TOWER INSURANCE COMPANY OF NEW YORK, plf-ap, v. METRO PROPERTY GROUP, LLC def-res, BRUCE WITTENBERG def — Mound Cotton Wollan & Greengrass, New York (Labe C. Feldman of counsel), for ap — Goldberg & Carlton, PLLC, New York (Gary M. Carlton of counsel), for Metro Property Group LLC, 2710 Valentine LLC, JC Neptune, LLC and 718 West 178th St. LLC, res — Shapiro Law Offices, Bronx (Ernest S. Buonocore of counsel), for Momodou Camara, res — Order, Supreme Court, New York County (Cynthia Kern, J.), entered April 26, 2012, which denied plaintiffs motion for summary judgment declaring that it has no duty to defend or indemnify defendants Metro Property Group, LLC, 2710 Valentine LLC, JC Neptune LLC, and 718 West 178th St. LLC (collectively Metro) in the underlying action and for default judgments against defendants Camara and Rex Management Corp., and dismissed the complaint against Camara and Rex as abandoned, unanimously modified, on the law, the complaint reinstated against Camara and Rex, and otherwise affirmed, without costs.

Plaintiff’s disclaimers were based on the August 2007 Commissioner of Health Order to Abate Nuisance, which was insufficiently specific to trigger the insured’s obligation to notify plaintiff of a potential claim (see Scharf v. Generali—U.S. Branch, 259 AD2d 349 [1st Dept 1999]; Public Serv. Mut. Ins. Co. v. AYFAS Realty Corp., 234 AD2d 226 [1st Dept 1996], lv dismissed 90 NY2d 844 [1997]).