Appellate Division of the Supreme Court of the State of New York December 30, 1997 (Mazzuoccolo v. Cinelli)

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered February 7, 1997, which, to the extent appealed from as limited by the briefs, denied defendant and third-party plaintiff insured’s motion for summary judgment on its third-party complaint seeking a declaration that third-party defendant insurer is obligated to defend and indemnify it with respect to plaintiffs underlying action for