Huertero v. Blue Ridge Insurance

*487In an action for a judgment declaring that the defendant Blue Ridge Insurance Company is obligated to defend and/or indemnify the defendant Baruch Bluzenstein in an underlying action entitled Huertero v Bluzenstein, pending in the Supreme Court, Kings County, under Index No. 32560/98, the defendant Blue Ridge Insurance Company appeals from an order of the Supreme Court, Kings County (Douglass, J.), dated December 4, 2002, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

In September 1998 the plaintiffs, who resided in an apartment owned by the…