Appellate Division of the Supreme Court of the State of New York September 14, 2010 (DMP Contracting Corp. v. Essex Ins.)

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered on or about September 19, 2008, which denied plaintiff’s motion for leave to amend the complaint and *845for summary judgment against defendant Essex Insurance Company, and granted Essex’s cross motion for summary judgment dismissing the complaint as against it, unanimously modified, on the law, to declare that Essex is