Appellate Division of the Supreme Court of the State of New York May 14, 2001 (Interested Underwriters at Lloyds v. Midge Restaurant Corp.)

—In an action, inter alia, for a judgment declaring that the plaintiff is not obligated to defend and indemnify its insured, the defendant Midge Restaurant Corp., d/b/a Enigma Night Club, in an action entitled Sacco v Midge Restaurant Corp., filed in the Supreme Court, Kings County, under Index No. 19218/97, the plaintiff appeals from an order of the Supreme *460Court, Kings County (Dowd, J.