North Broadway Medical Associates v. New York State Department of Social Services

In an action for a judgment declaring, inter alia, that the defendants have a duty to defend and indemnify the plaintiff herein in an underlying action brought by Jeannette Rybacki, the plaintiff appeals (1) from an order and judgment (one paper) of the Supreme Court, Nassau County (Molloy, J.), entered October 9, 1992, which, upon granting the defendants’ motion for summary judgment and denying the plaintiff’s cross motion for summary judgment, declared that the defendants have no duty to defend and indemnify the plaintiff in the underlying action brought by Jeannette Rybacki, and (2) as…