98 A.D.2d 774 | N.Y. App. Div. | 1983
— In an action for a declaratory judgment, (1) defendant Employers Insurance of Wausau appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Dufficy, J.), dated October 16, 1980, as, after a nonjury trial, declared that it was obligated to defend and to indemnify plaintiff and to pay on behalf of plaintiff any judgment rendered against him in a certain medical malpractice action, and plaintiff cross-appeals from so much of the same judgment as declared that defendant Richard Julian Percy Grant, Underwriter at Lloyd’s, is under no duty to defend or indemnify plaintiff or to pay on behalf of plaintiff any judgment rendered against him in the aforesaid medical malpractice action, and (2) defendant Employers Insurance of Wausau appeals, as limited by its brief, and plaintiff cross-appeals from the same respective portions of an amended judgment of the same court, dated May 28,