Liberty Mutual Insurance v. Old Republic Commercial General Insurance

*1008Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered January 4, 2005. The judgment, upon reargument, adhered to the prior decision that, inter alia, granted defendants’ cross motion for summary judgment in a declaratory judgment action.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the motion for summary judgment in part, denying the cross motion in part and granting judgment as follows:

It is adjudged and declared that defendant Old Republic Commercial General…