Essex Insurance v. Mondone

*1046In an action, in effect, for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendants True Building Corp. and Kevin Bevilacqua in an underlying action entitled Mondone v Lane, pending in the Supreme Court, Nassau County, under index No. 7497/09, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated December 13, 2011, which denied its motion for summary judgment declaring that it is not obligated to defend or indemnify the defendants True Building Corp. and Kevin Bevilacqua in the underlying action and dismissing those…