Penguin Air Conditioning Corp. v. Sterling Industries

Upon the foregoing papers, it is ordered that this motion by Penguin Air Conditioning Corp. ("Penguin") for summary judgment declaring that Sterling Industries, Inc. ("Sterling")is liable for its defense and to indemnify it or QBE Insurance Corp. ("QBE")must defend and indemnify it for claims arising out of the Kings County action Pardy v. 1-10 Industry Associates, LLC., et al. is granted to the extent that QBE is directed to assume Penguins defense in the Pardy action and indemnify Penguin for any liability imposed in connection with work performed by Sterling. Cross-motions for summary judgment by Sterling and QBE are denied as follows: