GREENWICH INSURANCE COMPANY v. Triumph Construction Corporation et al., Defendants. (2024)

Order, Supreme Court, New York County (J. Machelle Sweeting, J.), entered on or about August 24, 2023, which granted defendants City of New York and New York City Economic Development Corporation's (defendants) motion to quash plaintiff's demand for discovery, and found that defendants were entitled to recover costs in connection with the instant action, unanimously affirmed, without costs.

Plaintiff's contention that it is entitled to discovery to recoup defense expenses is unavailing, inasmuch as this Court has twice previously held that it is obligated to defend defendants (see Greenwich Ins. Co. v. City of New York, 139 A.D.3d 615, 616, 34 N.Y.S.3d 408 [1st Dept. 2016];  Greenwich Ins. Co. v. City of New York, 122 A.D.3d 470, 472, 997 N.Y.S.2d 32 [1st Dept. 2014].  Those decisions constitute the law of the case (see Carmona v. Mathisson, 92 A.D.3d 492, 492–493, 938 N.Y.S.2d 300 [1st Dept. 2012]).

Furthermore, the duty of an insurer to provide a defense is “exceedingly broad” and is triggered where, as here, the allegations in the underlying actions suggest a reasonable possibility of coverage (see Live Nation Mktg., Inc. v. Greenwich Ins. Co., 188 A.D.3d 422, 423, 135 N.Y.S.3d 87 [1st Dept. 2020]).