Appellate Division of the Supreme Court of the State of New York November 18, 2008 (R & L Richmond Avenue Corp. v. Public Service Mutual Insurance)

— In an action, inter alia, for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an underlying personal injury action entitled Velasquez v Holi*644day Plaza, LLC, pending in the Supreme Court, Richmond County, under index No. 102441/06, the defendant appeals from an order of the same court (Maltese, J.