Opinion
No. CA 06-00710.
November 17, 2006.
Appeal from a judgment of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 4, 2006 in a declaratory judgment action. The judgment, after a nonjury trial, declared that defendant New York Central Mutual Fire Insurance Company must defend and indemnify plaintiff in the underlying action brought by defendant David Phillips.
Before: Present — Hurlbutt, A.P.J., Scudder, Gorski, Centra and Green, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.