Federal Insurance v. Commerce & Industry Insurance

Order and judgment (one paper), Supreme Court, New York County (Beverly S. Cohen, J.), entered on or about December 11, 1991, which, inter alia, adjudged and declared that defendant Commerce has no duty to defend, indemnify, or reimburse plaintiff in the underlying action, unanimously affirmed, with costs. The appeal from the order of the same court entered on or about August 29, 1991, which granted defendant’s motion for summary judgment pursuant to CPLR 3212, is dismissed as superseded by the appeal from the final judgment.

This is an action between insurers for declaratory judgment as to…