MORSE DIESEL INTERNATIONAL v. OLYMPIC PLUMBING & HEATING CORP.


22 A.D.3d 356 (2005)

801 N.Y.S.2d 898

MORSE DIESEL INTERNATIONAL, Appellant, v. OLYMPIC PLUMBING & HEATING CORP., Defendant, and UNITED STATES FIRE INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 2005.


There is no merit to plaintiff's argument that, pursuant to the prior order of this Court (299 A.D.2d 276 [2002], lv dismissed 100 N.Y.2d 577 [2003]), the IAS court should have entered plaintiff's proposed judgment, inter alia, declaring that defendant is required to defend and indemnify plaintiff in the underlying action, rather than defendant's counter-proposed judgment, inter alia, declaring that defendant is only required to...

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