Interboro Mutual Indemnity Insurance v. GEICO

—In an action, inter alia, for a judgment declaring that the defendant GEICO is obligated to defend and indemnify the defendant Menachem Horowitz with respect to an accident which occurred on February 15, 1996, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), dated April 24, 1997, which denied its motion for summary judgment, awarded summary judgment in favor of GEICO pursuant to CPLR 3212 (b), and held that GEICO had no obligation to defend or indemnify Menachem Horowitz with respect to the underlying action.

Ordered that the order is affirmed, with costs,…