E.R. Furniture Delivery, Inc. v. Budget Rent A Car System, Inc.

In an action for a judgment declaring that the defendants are obligated to defend and indemnify the plaintiff in an underlying personal injury action entitled David v Bryon, pending in the Supreme Court, Rockland County, under index No. 3850/05, the defendants appeal from an order of the Supreme Court, Rockland County (Weiner, J.), entered December 19, 2007, which denied their motion, in effect, for summary judgment declaring that they are not obligated to defend and indemnify the plaintiff in the underlying action and granted the plaintiffs cross motion for summary judgment declaring that…