Fesko v. New York Central Mutual Fire Insurance

In an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an underlying action entitled Sloper-Willen Comm. Ambulance Serv., Inc. v Fesko, pending in the Supreme Court, Dutchess County, under Index No. 4322/01, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), entered June 2, 2003, which granted the defendant’s motion for summary judgment.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of a judgment declaring that the…