Witriol v. Travelers Insurance Group

—In an action for a judgment declaring, inter alia, that the defendant has a duty to defend and indemnify the plaintiff in an action entitled Fogel v Witriol, pending in the Supreme Court, Kings County, under Index No. 20300/96, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Garson, J.), dated June 5, 1997, which, inter alia, declared that the defendant is obligated to defend and indemnify the plaintiff in the underlying action.

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, and the matter is…