AIU Insurance v. ELRAC, Inc.

—In an action, inter alia, for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendants Donna M. Cady and Daniel Neal in an action entitled Oquendo v Neal pending in the Supreme Court, Ulster County, under Index No. 98/817, the defendant ELRAC, Inc., d/b/a Enterprise Rent-A-Car Company, appeals, by permission, from an order of the Supreme Court, Nassau County (Bucaria, J.), dated February 18, 1999, which, sua sponte, transferred and consolidated this action with Oquendo v Neal and referred the respective motions of the plaintiff and the defendant ELRAC,…