Appellate Division of the Supreme Court of the State of New York April 25, 1997 (Tingue v. Dryden Mutual Insurance)

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the complaint in this declaratory judgment action and in failing to declare the rights of the parties (see, Tumminello v Tumminello, 204 AD2d 1067).