Recitation, as required by CPLR 2219 (a), of the papers considered in reviewing defendant Resolute Management, Inc.’s motion to dismiss.Papers NumberedDefendant’s Notice of Motion to Dismiss 1Defendant’s Memorandum of Law in Support of Motion 2Affidavit of Thomas P. Ryan in Support of the Motion 3Plaintiff’s Memorandum of Law in Opposition to Motion 4Plaintiff’s Affirmation of Elisa J. Lee in Opposition to Motion 5Defendant’s Reply Memorandum of Law in Support of Motion to Dismiss 6Second Affidavit of Thomas P. Ryan in Support of Motion 7DECISION /ORDER
*1 Plaintiff is the executor of the estate of David J. Konstantin, a victim of mesothelioma resulting from exposure to asbestos. Plaintiff sued Tishman Realty & Construction Co., Inc., and its related entities, including Tishman Liquidating, for damages for injuries sustained as a result of asbestos exposure. Konstantin was exposed to asbestos while working as a carpenter in buildings where Tishman Realty had acted as the general contractor. Plaintiff received a jury verdict in the litigation, adjusted post-trial, with a final judgment entered on November 29, 2012, for $7,195,738.57. (Konstantin v. 630 Third Avenue Assocs. et al., Index No. 190134/10 [Sup Ct, NY County 2012].)Plaintiff alleges that in February 2013, plaintiff served notice of the judgment on each of the insurers, demanding that they provide coverage pursuant to the terms and conditions of their policies. (Amended complaint,50).On August 19, 2013, plaintiff filed this action under Insurance Law §3420 to recover the trial-judgment damages against 13 insurance companies that allegedly issued policies to predecessors or affiliates of Tishman corporations. Those insurance companies are the following: Lloyd’s London; Commercial Union Insurance Company (a/k/a OneBeacon Insurance Company); Continental Casualty Company; Fireman’s Fund Insurance Company; First State Insurance Company; Interstate Indemnity Company; Landmark Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA; North River Insurance Company; Transamerica Insurance Company; Travelers Casualty and Surety Company; The Travelers Indemnity Company; Westchester Fire Insurance Company. Several of these companies provided Tishman with commercial general liability insurance policies for the period between 1974 and 1986 (North River, Westchester, Lloyds, Landmark). (Amended complaint,41.) The others issued excess commercial general liability insurance policies to Tishman (Commercial Union, Continental Casualty, Fireman’s Fund, First State, Interstate, Lloyds, Landmark, Westchester, National Union, Transamerica, Travelers Casualty, Travelers Indemnity). (Amended complaint,43.)In July 2014, the Appellate Division, First Department, affirmed the judgment in plaintiffs’ favor (the “Tishman judgment”). (See In re New York City Asbestos Litig., 121 AD3d 230 [1st Dept 2014].) In June 2016, the New York Court of Appeals affirmed the Appellate Division decision. (See In re New York City Asbestos Litig., 27 NY3d 1172 [2016].)Plaintiff claims that each of the insurers has continued to refuse paying any portion of the 2012 judgment. (Amended complaint50.) Plaintiff seeks an award of damages against the defendant insurers in the full amount of the 2012 judgment, a declaratory judgment declaring the defendant insurers jointly and severally liable for the 2012 judgment, and an award of damages specifically against defendant Resolute Management Inc. for a claim of tortious interference. (Amended complaint, at 19.)Defendant Resolute is one of the defendants that issued primary or excess insurance policies to Tishman. Resolute is a third-party claims administrator for its insurance company
