Curry v. Atlantic Mutual Insurance

—Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court erred in denying the motion of defendant to the extent that it sought summary judg*938ment declaring that it is not obligated to defend or indemnify Leo Heaps in plaintiffs’ underlying actions against Heaps and Herbert Roman, individually and d/b/a Herbert Roman Galleries, and Herbert Roman, Inc. (collectively Roman). Defendant had issued a commercial general liability policy to Roman, which covered employees for acts within the scope of…