Appellate Division of the Supreme Court of the State of New York February 11, 2010 (Lehigh Construction Group, Inc. v. Lexington Insurance)

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered November 20, 2008 in a declaratory judgment action. The order, insofar as appealed from, denied the motion of defendant Lexington Insurance Company for a declaration that it is not obligated to defend or indemnify plaintiff in the underlying action.