Brennan v. Liberty Mutual Fire Insurance

—In an action for a judgment declaring that the defendant Liberty Mutual Fire Insurance Company must defend and indemnify Donald F. Smith with respect to the plaintiffs counterclaim in a pending negligence action, the defendant Liberty Mutual Fire Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Ain, J.), dated October 22, 1992, as granted the plaintiffs motion for summary judgment directing it to defend and indemnify Donald F. Smith, and denied its cross motion for summary judgment.

*676Ordered that the order is reversed insofar as…