Fogelbach v. Public Service Mutual Insurance

*1155In an action, inter alia, for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an underlying personal injury action entitled Drexler v Fogelbach, pending in the Supreme Court, Queens County, under index No. 4252/09, the defendant appeals from an order of the Supreme Court, Nassau County (Galasso, J.), dated November 30, 2010, which denied its motion for summary judgment declaring that it is not so obligated.

Ordered that the order is affirmed, with costs.

In opposition to the defendant insurer’s prima facie showing of entitlement to judgment as a…