Pietroricca v. City of New York

Full title: PETER PIETRORICCA et al., Plaintiffs, v. CITY OF NEW YORK, Defendant and…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 1998

251 A.D.2d 480 (N.Y. App. Div. 1998)

678 N.Y.S.2d 1022

Opinion

June 15, 1998

Appeal from the Supreme Court, Kings County (Steinhardt, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the issue of coverage should be litigated in the pending declaratory judgment action ( see, Garcia v. Zito, 242 A.D.2d 258). Consequently, the Supreme Court did not err in denying the appellant's cross motion.

Bracken, J. P., Altman, Krausman and McGinity, JJ., concur.