D'Angelo v. Empire Mutual Insurance

— In actions for judgments declaring that the defendant Empire Mutual Insurance Company (hereinafter Empire) is required to defend Rocco Rafaniello and indemnify all three defendants in an underlying personal injury action, Empire appeals from an order of the Supreme Court, Kings County (Hurowitz, J.), dated October 18, 1985, which granted the plaintiff D’Angelo’s motion for summary judgment.

Ordered that the order is modified by (1) deleting the first decretal paragraph thereof granting D’Angelo’s motion, (2) deleting the second decretal paragraph thereof and substituting therefor a provision…