Maggio v. Frank Mercogliano, Inc.

—In an action to recover, damages for personal injuries, the defendant third-party plaintiff, Eighteen Jericho Turnpike Corp., appeals from an order of the Supreme Court, *613Kings County (Rappaport, J.), dated June 4, 1998, which denied its motion for summary judgment on the third-party complaint seeking a judgment declaring that the third-party defendant Commercial Union Insurance Co. is obligated to defend and indemnify it in the main action.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted for the entry of a judgment severing the…