Appellate Division of the Supreme Court of the State of New York December 31, 2002 (Paul M. Maintenance, Inc. v. Transcontinental Insurance)

—Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered on or about June 28, 2002, which *210denied plaintiff’s motion for summary judgment and granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, plaintiff’s motion for summary judgment declaring defendants must defend and indemnify it in a certain underlying