Salvatore Collision & Towing, Inc. v. Maryland Casualty Co.

—In an action, inter alia, for a judgment declaring that Maryland Casualty Company has an obligation to defend and indemnify the plaintiffs in a wrongful death action, the plaintiffs appeal from an order of the Supreme Court, Kings County (Garry, J.), dated December 9, 1996, which denied, after a hearing, the plaintiffs’ cross motion for summary judgment against Maryland Casualty Company and granted the latter’s motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is modified, on the law, by adding thereto a provision severing the action…