MIGUEL PINON plf, v. 99 LYNN AVENUE, LLC DEFENDANTS SECOND THIRD-PARTY PLAINTIFFS-res, GEORGE E. VICKERS, JR., ENTERPRISES, INC., DEFENDANT THIRD-PARTY PLAINTIFF-RESPONDENT def; MERCHANTS MUTUAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT/ SECOND THIRD-PARTY DEFENDANTap; LEXINGTON INSURANCE COMPANY, SECOND THIRD-PARTY def-res

MIGUEL PINON plf, v. 99 LYNN AVENUE, LLC DEFENDANTS SECOND THIRD-PARTY PLAINTIFFS-res, GEORGE E. VICKERS, JR., ENTERPRISES, INC., DEFENDANT THIRD-PARTY PLAINTIFF-RESPONDENT def; MERCHANTS MUTUAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT/ SECOND THIRD-PARTY DEFENDANTap; LEXINGTON INSURANCE COMPANY, SECOND THIRD-PARTY def-res — (INDEX NO. 23798/08)In an action to recover damages for personal injuries and two related third-party actions, the third-party defendant/ second third-party defendant Merchants Mutual Insurance Company appeals from (1) so much of an order of the Supreme Court, Suffolk County (Martin, J.), dated April 2, 2012, as granted the motion of the second third-party defendant Lexington Insurance Company for summary judgment declaring that it is obligated to defend the defendants/second third-party plaintiffs 99 Lynn Avenue, LLC, and 105 Lynn Avenue, LLC, in the main action, granted the separate motion of the defendant third-party plaintiff George E. Vickers, Jr., Enterprises, Inc., for summary judgment declaring that it is obligated to defend George E. Vickers, Jr., Enterprises, Inc., in the main action and reimburse it for past defense costs in the main action, and denied its cross motion for summary judgment declaring that it is not so obligated, and (2) a money judgment of the same court entered September 26, 2013, in the third-party action, which, upon the order dated April 2, 2012, and upon a decision of the same court dated July 17, 2013, is in favor of George E. Vickers, Jr., Enterprises, Inc., and against it in the sum of $55,022 for defense costs.

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MIGUEL PINON plf, v. 99 LYNN AVENUE, LLC DEFENDANTS SECOND THIRD-PARTY PLAINTIFFS-res, GEORGE E. VICKERS, JR., ENTERPRISES, INC., DEFENDANT THIRD-PARTY PLAINTIFF-RESPONDENT def; MERCHANTS MUTUAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT/ SECOND THIRD-PARTY DEFENDANTap; LEXINGTON INSURANCE COMPANY, SECOND THIRD-PARTY def-res — (INDEX NO. 23798/08)In an action to recover damages for personal injuries and two related third-party actions, the third-party defendant/ second third-party defendant Merchants Mutual Insurance Company appeals from (1) so much of an order of the Supreme Court, Suffolk County (Martin, J.), dated April 2, 2012, as granted the motion of the second third-party defendant Lexington Insurance Company for summary judgment declaring that it is obligated to defend the defendants/second third-party plaintiffs 99 Lynn Avenue, LLC, and 105 Lynn Avenue, LLC, in the main action, granted the separate motion of the defendant third-party plaintiff George E. Vickers, Jr., Enterprises, Inc., for summary judgment declaring that it is obligated to defend George E. Vickers, Jr., Enterprises, Inc., in the main action and reimburse it for past defense costs in the main action, and denied its cross motion for summary judgment declaring that it is not so obligated, and (2) a money judgment of the same court entered September 26, 2013, in the third-party action, which, upon the order dated April 2, 2012, and upon a decision of the same court dated July 17, 2013, is in favor of George E. Vickers, Jr., Enterprises, Inc., and against it in the sum of $55,022 for defense costs.

ORDERED that the order dated April 2, 2012, is affirmed insofar as appealed from; and it is further,

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