Murnane Building Contractors, Inc. v. Zurich American Insurance

In an action for a judgment declaring, inter alia, that the defendant is obligated to defend and indemnify Murnane Building Contractors, Inc., and Wal-Mart Stores East, L.P, doing business as Wal-Mart Real Estate Business Trust, on a primary and noncontributory basis in an underlying action entitled Oakes v Wal-Mart Real Estate Bus. Trust, commenced in the Supreme Court, Franklin County, under index No. 1062/07, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Asher, J.), dated October 5, 2011, as denied those branches of their…