Appellate Division of the Supreme Court of the State of New York April 17, 2007 (87-10 51st Avenue Owners Corp. v. Steadfast Insurance)

*701In an action, inter alia, for a judgment declaring the rights of the parties under a policy of insurance, the defendants appeal from an order of the Supreme Court, Queens County (Agate, J.), entered February 28, 2006, which denied their motion to dismiss the complaint pursuant to CPLR 3211 (a) (7).