Recitation, as required by CPLR §2219 (a), of the e-filed papers considered: NYSCEF#: Notice of Motion, Affirmation (Affidavits), and Exhibits Annexed 121-130 Affirmations in Opposition and Exhibits Annexed 140-167, 170 Reply Affirmations and Exhibits Annexed 168-169; 176-178 In this action, plaintiffs, Repwest Insurance Company (“Repwest”), U-Haul Co. of New York and Vermont, Inc. (“UHNY”), and 2010 U-Haul Titling 2, LLC (“UHT2″) move for summary judgment against (1) defendants Dinorah Carmen Anglero, Dario Ferrer De La Cruz, and Ramon Duarte Garcia (collectively, “defendants” or “passenger defendants”), and (2) nominal defendant Hereford Insurance Company (“HIC”), for a declaration that Repwest, as the claims administrator on behalf of UHT2, has no duty to provide insurance coverage to the passenger defendants for any of their alleged injuries arising out of the collision that occurred on October 9, 2013 (“the collision”) involving a livery vehicle insured by HIC and a vehicle rented by defendant Nazim Hanif (“Hanif”) from UHNY, which is owned and self-insured by UHT2. Defendants jointly, and HIC, individually, oppose plaintiffs’ motion. The livery vehicle, a Chevrolet Suburban (“SUV”) that was owned and operated by nominal defendant Jose D. Ortega. was struck in the rear by a Ford E250 cargo van (“van”), which was owned by UHT2 and had been rented by UHNY to Hanif. On June 20, 2014, an adjuster, hired by Repwest, audio taped his interview with Hanif (“Hanif Interview”) at the latter’s home regarding the circumstances surrounding the collision. According to the audiotape, transcribed approximately six months later on December 7, 2014 and the unsigned transcript of the interview, Hanif stated to the adjuster that he was merely a passenger in the van at the time of the collision, where an individual unknown to him who was driving it, hit the rear end of the SUV causing the collision, and promptly escaped from the van before the police arrived. An uncertified copy of the motor vehicle accident report completed by police on the date of the collision indicates, contrary to the Hanif Interview, that Hanif was the driver of the van. Conteporaneous with the interview, Hanif executed a document titled “Affidavit1” (“ Hanif Statement”), which characterized the collision as a staged accident. Additionally, Hanif executed a Claims Withdrawal Form, albeit without stating any reasons therefor. Four days later, on June 24, 2014, Repwest sent a letter to Hanif disclaiming coverage based on his admission that the accident was staged. The letter was returned to Repwest as undelivered. On June 18, 2014, the passenger defendants commenced an action against Hanif, and UHT2 to recover damages for personal injuries they allegedly sustained as a result of the accident (see Anglero v. Hanif, Index No. 505599/14 [Sup Ct, Kings County]) (“the underlying action”). UHT2 moved to dismiss the underlying action as against it under CPLR §3211 (a) (1) and (7), based upon its contention that the collision was staged. By decision and order, dated April 22, 2015, UHT2′s motion was denied on the ground that all the documents tendered by UHT2 to establish the collision was staged (i.e., the Hanif Interview, Hanif Statement, and Claims Withdrawal Form, as well as the affidavit of the interviewing adjuster) were inadmissible (see Anglero v. Hanif, 2015 NY Slip Op 30723[U]). In preparation for UHT2′s motion for leave to renew, Hanif executed, before a notary public, an affidavit, dated June 15, 2015, in which Hanif stated (in
