Escobar v. Colonial Indemnity Insurance

In an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiffs in an underlying action, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Kramer, J.), dated May 12, 2004, which denied their cross motion for summary judgment striking the defendant’s answer, granted the defendant’s motion for summary judgment, and declared that the defendant is not obligated to defend or indemnify them.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in…