The Supreme Court, Queens County, denied both motions. But the Appellate Division, Second Department, reversed the ruling in part, siding with Utica. The court held that a party must be named as an insured or additional insured on the face of the policy as of the date of the incident to be eligible for coverage. Since the corporation was not listed and had not yet acquired the property when the accident occurred, it was not entitled to defense or indemnification.