UNITED STATES FIRE INSURANCE COMPANY v. Greater New York Insurance Company, Defendant. (2026)

Appeal from order, Supreme Court, New York County (Joel M. Cohen, J.), entered on or about March 5, 2025, which declined to sign plaintiffs' order to show cause seeking to enjoin defendants Michael Palin, Palin Enterprises LLC, Palin Enterprises 2, L.P., PE Realty Corp., 503–513 Dowd LLC, 515–519 Dowd LLC, 633–641 Dowd LLC, and 641–653 Dowd LLC from prosecuting an action in New Jersey seeking a declaration that plaintiffs were required to provide insurance coverage related to pollution remediation at certain properties owned by defendants in that state, unanimously dismissed, without costs, as taken from a nonappealable paper.

“No appeal lies from an order declining to sign an order to show cause, since it is an ex parte order that does not decide a motion made on notice” (Matter of Alliance to End Chickens as Kaporos v. New York City Police Dept., 201 A.D.3d 431, 431, 156 N.Y.S.3d 745 [1st Dept. 2022];  see CPLR 5701[a][2] ).  We decline to grant leave to appeal in the interest of justice as the fact that plaintiffs have expended resources to perfect this appeal is not the type of unique circumstance that warrants such relief (see Chi Young Lee v. Osorio, 184 A.D.3d 417, 417, 123 N.Y.S.3d 494 [1st Dept. 2020] ).

United States Fire Insurance Company v Michael Palin

M–5371 Motion by plaintiffs for this Court to take judicial notice of an order entered on or about March 24, 2026, granted

M–5483 Motion by defendants for this Court to take judicial notice of certain New York and New Jersey court records granted in part, judicial notice is taken of the court's order entered on or about March 24, 2026 and of Document numbers 224–324 and 335 in this action, and the motion is otherwise denied.