Miller v. State

—In a claim to recover damages for personal injuries, the third-party defendant Maryland Casualty Company appeals from an order of the Court of Claims (Silverman, J.), dated April 22, 1998, which denied its motion for summary judgment dismissing the third-party claim seeking a judgment declaring that it is obligated to defend and indemnify the defendant third-party claimant State of New York in the main claim, and granted the cross motion of the State of New York for summary judgment on the third-party claim.

Ordered that the order is affirmed, with costs, and the matter is remitted to the…