Fogarty v. Boston Old Colony Insurance

—In an action for a judgment declaring, inter alia, that the defendants Boston Old Colony Insurance Company and Allstate Insurance Company have a duty to defend and indemnify the plaintiff in an underlying negligence action, the defendants Boston Old Colony Insurance Company and the New York Automobile Insurance Plan separately appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 30, 1994, which (1) denied their separate motions for summary judgment dismissing the complaint insofar as asserted against them, (2) granted the cross motion of the defendant…