American Casualty of Reading v. St. Charles Hospital & Rehabilitation Center

In an action for a judgment declaring, inter alia, that the defendant is obligated to defend and indemnify its insured, Karen Fitterer, a second third-party defendant in an action entitled Copeland v Board of Coop. Educ. Servs., pending in the Supreme Court, Suffolk County, under index No. 09050/99, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 28, 2004, which, in effect, granted that branch of the plaintiff’s motion which was to compel certain discovery and denied its cross motion for summary judgment, in effect, declaring that it is…