The possibility that North River’s insured could be found liable for the injury to the plaintiff in the underlying action arising from a construction site accident establishes that the court properly declared that North River was required to defend plaintiffs in that action. The ultimate validity of the allegations in the underlying complaint is irrelevant inasmuch as “the duty to defend arises not from the probability of recovery, but from its possibility, no matter how remote” (American Home Assur. Co. v Port Auth. of N.Y. & N.J., 66 AD2d 269, 278 [1979]; Continental Cas. Co. v Rapid-American Corp., 80 NY2d 640, 648 [1993]).
However, we modify to the extent of vacating that part of the motion court’s decision to grant summary judgment to plaintiffs on their claim against Assurance, and, upon a search of the record, we conclude that Assurance is entitled to summary judgment declaring that it has no obligation to provide a defense in the underlying action. The unambiguous language of the Assurance policy comports with its position that plaintiffs are not covered under the policy, either as named or additional insureds (see Stainless, Inc. v Employers Fire Ins. Co., 69 AD2d 27, 33 [1979], affd 49 NY2d 924 [1980]; Sixty Sutton Corp. v Illinois Union Ins. Co., 34 AD3d 386 [2006]). That the certificate of insurance named plaintiffs as additional insureds is not sufficient to confer coverage in light of the clear language of the policy (id. at 389; see also Tribeca Broadway Assoc. v Mount Vernon Fire Ins. Co., 5 AD3d 198, 200 [2004]). Although Assurance’s insured, Target Group of Central New York (Target), breached
We have considered the parties’ remaining contentions for affirmative relief, including North River’s argument that plaintiffs’ cross motion was untimely, and find them unavailing. Concur—Lippman, P.J., Andrias, Williams, Buckley and Kavanagh, JJ.
