Calabro v. General Insurance of America

In an action for a judgment declaring that the defendant is obligated to defend and indemnify Sunrise Psychiatric Clinic, Inc., in connection with an underlying action entitled Calabro v Sunrise Psychiatric Clinic, commenced in the Supreme Court, Nassau County, under index No. 12274/04, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Woodard, J.), entered September 29, 2004, as, in effect, denied that branch of its cross motion which was, in effect, pursuant to CPLR 3211 (a) (1) to dismiss the complaint.

Ordered that the order is…