Waldbaums, Inc. v. Lumbermans Mutual Casualty Co.

—In an action for a judgment declaring that the defendants are obligated to defend and indemnify the plaintiffs in an underlying action entitled Brown v Waldbaums Inc., commenced in the Supreme Court, Bronx County, under Index No. 16975/93, the defendants appeal from a judgment of the Supreme Court, Westchester County (Cowhey, J.), dated September 20, 2001, which, upon an order of the same court, dated July 3, 2001, denying their motion for summary judgment dismissing the complaint and granting that branch of the plaintiffs’ cross motion which was for summary judgment declaring that the…