Commercial Mutual Insurance v. Wagschall

—In an action for a judgment declaring, inter alia, that the plaintiff is under no duty to defend or indemnify the defendant Samuel Chaim Wagschall in a personal injury action entitled Wagschall v Wagschall, pending in Supreme Court, Rockland County, under. Index No. 6610/94, the defendants Baila Wagschall, Herman Wagschall, and Freída Wagschall appeal, and the defendant Samuel Chaim Wagschall separately appeals from a judgment of the Supreme Court, Rockland County (Miller, J.), dated September 9,1997, which, inter alia, declared that the plaintiff was not obligated to defend or indemnify…