FIREMAN'S v. ZURICH AMERICAN

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment. The defendant established a prima facie case that the plaintiff was estopped from denying insurance coverage ( see Utica Mut. Ins. Co. v 215 W. 91st St. Corp., 283 AD2d 421; Brooklyn Hosp. Ctr. v Centennial Ins. Co., 258 AD2d 491). Having accepted tender of the defense, without reserving its right to disclaim coverage, estoppel barred the plaintiff's subsequent request for contribution ( see Donate v City of New York, 156 AD2d 505; cf. Hanover Ins. Co. v Inter-Reco, Inc., 15 AD3d 443 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact.