Bailey v. Macy's East, Inc.

In an action to recover damages for personal injuries, and a third-party action for a judgment declaring, inter alia, that the third-party defendant is obligated to defend and indemnify the defendants/third-party plaintiffs in the main action, the defendants/third-party plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated April 27, 2009, as denied that branch of their motion which was for summary judgment declaring that the third-party defendant is obligated to defend and indemnify them in the main action, and…