Opinion
Submitted May 19, 1999
October 18, 1999
In a claim to recover damages for personal injuries, the third-party defendant Maryland Casualty Company appeals from an order of the Court of Claims (Silverman, J.).
ORDERED that the order is affirmed, with costs, and the matter is remitted to the Court of Claims for entry of an appropriate judgment severing the third-party claim and declaring that the appellant is obligated to defend and indemnify the State of New York in the main claim (see, Rose v. State of New York, 265 A.D.2d 473; [decided herewith]).
BRACKEN, J.P., THOMPSON, GOLDSTEIN, McGINITY, and SCHMIDT, JJ., concur.