Schatz v. St. Paul Fire & Marine Insurance

—In a declaratory judgment action, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Goldstein, J.), dated November 5, 1998, which granted the defendant’s motion for summary judgment and declared that it had no duty to indemnify the plaintiff in an underlying personal injury action.

Ordered that the order and judgment is affirmed, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly granted the defendant’s motion for summary judgment. The grant of summary judgment was not premature since the plaintiff failed to demonstrate…