Eagle Insurance v. Ortega

—In an action for a judgment declaring that the plaintiff is not obligated to defend, indemnify, or reimburse its insureds, the defendants Maria E. Ortega and Victor Ortega, in an underlying negligence action brought by the defendant Balla Keita, the defendant Balla Keita appeals from so much of an order of the Supreme Court, Nassau County (Adams, J.), dated July 22, 1996, as denied that branch of his motion which was, in effect, for summary judgment declaring that the plaintiff was obligated to defend and indemnify its insureds in the underlying action, and granted the plaintiffs cross…