DeSanto Construction Corp. v. Royal Insurance of America

In an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an underlying action for contractual indemnification and to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Lockman, J.), entered December 15, 1999, as denied its cross motion for summary judgment, and the plaintiff cross-appeals, as limited by its brief, from so much of the same order as denied its motion for summary judgment.

Ordered that the order is modified, on the law, by deleting the provision thereof…