Appellate Division of the Supreme Court of the State of New York June 9, 2017, 597 CA 16-01898 (Hillcrest Coatings, Inc. v. Colony Insurance Co.)

Appeal from an order and judgment (one paper) of the Supreme Court, Wyoming County (Deborah A. Chimes, J.), entered July 20, 2016. The order and judgment, inter alia, denied defendant’s motion for summary judgment, granted in part plaintiffs’ cross motion for summary judgment, dismissed defendant’s first, third, sixth, eleventh and twelfth affirmative defenses, and declared that defendant is