Appellate Division of the Supreme Court of the State of New York May 25, 1972 (Empire Mutual Insurance v. Rigby)

Order unanimously reversed, with costs, and motion denied. Memorandum: This action was commenced on October 25, 1965 for a judgment declaring that plaintiff was not legally obligated to defend defendant Rigby in an action brought against him by Michael Dmytrenko for injuries sustained on January 7, 1965.