Utica First Insurance v. Mumpus Restorations, Inc.

In an action for a judgment declaring that the plaintiff is not obligated to indemnify the defendant Mumpus Restorations, Inc., in a personal injury action entitled Montalvo v Mumpus Restorations, Inc., pending in the Supreme Court, Queens County, under index No. 6139/06, the defendant Albert Guilbe Montalvo appeals from so much of an order of the Supreme Court, Queens County (Lane, J.), entered January 2, 2013, as denied his motion for summary judgment declaring that the plaintiff is obligated to indemnify the defendant Mumpus Restorations, Inc., in the underlying action.

Ordered that the…