Appellate Division of the Supreme Court of the State of New York February 9, 2004 (Yarar v. Children's Museum of Manhattan)

In an action to recover damages for personal injuries, etc., and a third-party action, inter alia, for a judgment declaring that the third-party defendant is obligated to defend and indemnify the defendant third-party plaintiff with respect to the plaintiffs’ causes of action, the third-party defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.