SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
May 20, 1968
WILLIAM MOORE, RESPONDENT
FIDELITY & CASUALTY COMPANY OF NEW YORK, APPELLANT
In an action for a declaration that, inter alia, defendant is required, pursuant to its insurance contract with plaintiff's employer, S & W Sales Co., Inc., to provide a defense for him in an action commenced by one August Becker, defendant appeals from a judgment of the Supreme Court, Queens County, dated September 11, 1967 and made after a non-jury trial, in favor of plaintiff.
Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.
The question of whether Cosmopolitan Mutual Insurance Company must continue its defense of the present plaintiff in the Becker action is not now before us. However, if it were, we would hold on this record that Cosmopolitan is obligated to continue to defend him in that action and to pay any judgment therein recovered against him, up to the limit of the coverage in its policy.
Judgment reversed, on the law and the facts, with costs, and it is adjudged that defendant is under no duty to provide plaintiff with a defense, or to pay any judgment against him, in the action commenced by Becker ( Bundschu v. Travelers Ins. Co., 22 A.D.2d 907).
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