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11218. NATIONAL CONTINENTAL INSURANCE COMPANY, plf-res, v. COUNTRYWIDE INSURANCE, def-ap, DISANO DEMOLITION CO., INC. def — Thomas Torto, New York, for ap — Carman, Callahan & Ingham, LLP, Farmingdale (Tracy S. Reifer of counsel), for res — Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered June 20, 2013, which granted plaintiff National Continental Insurance Company’s motion for a declaratory judgment that defendant Countrywide Insurance was obligated to provide primary coverage to defendant Disano Construction Co. in an underlying personal injury action commenced by defendant Mary Reyes, and denied Countrywide’s cross motion for summary judgment to declare that National was required to provide primary coverage for Disano Construction or, in the alternative, that the parties herein were coinsurers for the loss, unanimously affirmed, with costs.

On or May 6, 2008, defendant Paulino Faustino was operating a 2004 Peterbilt tractor (the Peterbilt) owned by defendant Disano Trucking. Faustino was towing a 2001 Talbert trailer (the Talbert) owned by defendant Disano Construction. The Peterbilt was insured by plaintiff National, the Talbert by defendant Countrywide. National sought a declaration that its coverage was secondary, or excess, to the coverage of Countrywide, which was to be primary vis a vis any accident resulting in personal injury arising from the operation of the Peterbilt and the Talbert. The motion court correctly granted National the declaratory judgment it sought.

 
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