Argonaut Insurance v. Continental Insurance

Judgment, Supreme Court, New York County, entered December 9, 1977, unanimously modified, on the law and the facts and in the exercise of discretion, to deny summary judgment with respect to the question of excess versus primary coverage, without prejudice to the litigation of such issue after the determination of the tort action in chief, and to sever and to stay this declaratory judgment action pending the determination of the tort action, and otherwise affirmed, without costs and without disbursements. The defendant Lister, executrix of the estate of defendant Sewell, brought a malpractice…