Mid-City Shopping Center, Inc. v. Consolidated Mutual Insurance

This is a motion by the defendant

for an order dismissing the complaint herein on the ground that the relief sought is not the proper remedy, dismissing the causes of action alleged by each of the plaintiffs, and for summary judgment in favor of defendant pursuant to CPLR 3211 (subd. [c]). The action is one for a declaratory judgment that plaintiff Mid-City 'Shopping Center, Inc., is an insured under a liability policy issued by defendant, and that defendant was obligated under the policy to defend and to pay any judgment recovered against this plaintiff in a negligence action previously…