Apollon Waterproofing & Restoration Corp. v. Brandt

OPINION OF THE COURT

Shirley Werner Kornreich, J.

United States Liability Insurance Co. (U.S. Liability) brings this motion seeking to dismiss the third-party action against it for lack of subject matter jurisdiction. The motion turns on a novel question of law — whether this court has the jurisdiction to issue a declaratory judgment with regard to the obligation of an insurer to defend and indemnify a plaintiff for a counterclaim asserted against it which exceeds $25,000? CCA 212-a provides that the Civil Court shall have the jurisdiction to issue a declaratory judgment "with respect to any…