Allstate Insurance v. DiBartolo

*464—In a declaratory judgment action, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), entered October 28, 1993, which denied its motion for summary judgment and declared that it had a duty to defend Dominico DiBartolo on counterclaims in an action entitled DiBartolo v Labrada, pending in the Supreme Court, Queens County.

Ordered that the order is affirmed, with costs.

Allstate Insurance Company (hereinafter Allstate) issued a homeowner’s insurance policy to Dominico DiBartolo. During the term of this policy DiBartolo was allegedly assaulted in a parking lot…