Appellate Division of the Supreme Court of the State of New York May 29, 2001 (85-10 34th Avenue Apartment Corp. v. Nationwide Mutual Insurance)

—In an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an underlying action entitled Maliner-Colvin v 85-10 34th Ave. Apt. Corp., pending in the Supreme Court, Queens County, under Index No. 10381/96, the plaintiff appeals (1) from an order of the Supreme Court, Queens County (Dye, J.