New York Central Mutual Fire Insurance v. Steely

In an action for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant in an underlying action entitled Masi v Steely, pending in the United States District Court for the Southern District of New York, under case No. 04 CV 6087, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Natasi, J.), entered May 16, 2005, as denied the plaintiffs motion for summary judgment on its cause of action for a declaration that it had no duty to defend or indemnify its insured.

Ordered that the order is…