Gallante Properties, Inc. v. Allcity Insurance

In an action for a judgment declaring that the defendant is obligated to defend and/or indemnify the plaintiff in an underlying personal injury action entitled Persaud v Gallante Props., commenced in the Supreme Court, Queens County, under index No. 16752/98, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Grays, J.), entered September 15, 2004, which granted the defendant’s motion for summary judgment and declared that the defendant is not obligated to defend and/or indemnify the plaintiff in the underlying action.

*415Ordered that the order and…