Opinion
March 10, 1998
Appeal from the Supreme Court, Bronx County (Jerry Crispino, J.).
An appeal does not lie from a mere decision such as the paper from which defendant purports to appeal (see, Talcott Factors v. Larfred, Inc., 115 A.D.2d 397, lv dismissed 67 N.Y.2d 604; Matter of Conforti Eisele [William J. Scully, Inc.], 98 A.D.2d 646, lv denied 61 N.Y.2d 606). Were we to deem the appeal properly taken from a duly entered appealable order or judgment, we would uphold a grant of summary judgment to plaintiff to the extent of declaring that defendant is obligated to provide plaintiff a defense in the underlying action. There is no indication in the record that defendant insurer ever mailed plaintiff insured the exclusion upon which defendant would now rely (see, Insurance Law § 3425 [d] [1]), and it is undisputed that the policy as originally issued obligated defendant to provide plaintiff a defense in the underlying tort action.
Concur — Nardelli, J. P., Tom, Mazzarelli, Andrias and Saxe, JJ.