61 A.D.2d 975 | N.Y. App. Div. | 1978
In an action, inter alia, to declare that the plaintiff insurer is not obligated to defend its insured, defendant Professional Security Bureau, Ltd., in any action which may be commenced against it by virtue of fire damage to certain property which the said defendant was guarding, plaintiff appeals from (1) an order of the Supreme Court, Nassau County, dated July 18, 1977, which denied its motion to set aside the court’s decision, made after a nonjury trial, and (2) the judgment of the same court, entered upon the said decision on August 1, 1977, which, inter alia, declared that it is required to defend its insured and indemnify it to the limit of its coverage for any judgments which may be recovered against it as a result of the incident in question. Appeal from the order dismissed. No appeal lies from an order denying a motion to set aside a decision. Judgment affirmed. One bill of costs is awarded jointly to respondents appearing separately and filing separate briefs. Respondent Professional Security Bureau, Ltd. (Professional) had entered into a general liability insurance contract with appellant Greater New York Mutual Insurance Company containing the following exclusion: "This insurance does not apply: * * * (i) to property damage to * * * (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control”. In 1970