Opinion
March 27, 1995
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the order is modified by deleting the provision thereof which denied the cross motion for summary judgment on the issue of coinsurance and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the defendant CIGNA and the Merchants Business Men's Mutual Insurance Company are coinsurers and are obligated to share equally in the defense and indemnification of Imperial Sterling, Ltd. (see, Merchants Bus. Men's Mut. Ins. Co. v Savemart, 213 A.D.2d 607 [decided herewith]). Thompson, J.P., Sullivan, Copertino and Pizzuto, JJ., concur.