Tower Ins. Co. of N.Y. v Artisan Silkscreen & Embroidery, Inc.
2019 NY Slip Op 01512 [170 AD3d 406]
March 5, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2019


[*1]
 Tower Insurance Company of New York, Respondent,
v
Artisan Silkscreen and Embroidery, Inc., Appellant, et al., Defendants.

Feder Kaszovitz LLP, New York (David Sack of counsel), for appellant.

Kennedys CMK Law LLP, New York (Max W. Gershweir of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J.), entered August 16, 2017, which granted plaintiff's motion for summary judgment declaring that it has no duty to defend or indemnify defendant Artisan Silkscreen and Embroidery, Inc. (Artisan) in an underlying personal injury action, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered February 23, 2018, which denied Artisan's motion to resettle the court's order dated November 29, 2017, denying Artisan's motion to reargue, unanimously dismissed, without costs.

Artisan is barred from relitigating the issues of the employee exclusion in this proceeding, as this issue, in addition to the "leased contract" exception to the exclusion, was fully litigated in the related third-party action (Schwartz v Public Adm'r of County of Bronx, 24 NY2d 65 [1969]).

"No appeal lies from an order denying resettlement of the substantive portions of a judgment or order" (Matter of Antonsen v Ward, 190 AD2d 606, 606 [1st Dept 1993]). Concur—Acosta, P.J., Richter, Manzanet-Daniels, Tom, Moulton, JJ.