- SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
- Jan 22 2013 (Date Decided)
- D. Angiolillo, J.P.; Leventhal, Austin and Roman, JJ.
NATURAL ORGANICS, INC., res, v. ONEBEACON AMERICA INSURANCE CO., ap — (INDEX NO. 12763/10)In an action, inter alia, for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an action entitled Nature's Plus Nordic A/S v. Natural Organics, Inc., commenced in the United States District Court for the Eastern District of New York under Case No. 2009 Civ. 4256, the defendant appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated January 20, 2011, as denied that branch of its motion which was for summary judgment dismissing the complaint and declaring that it is not obligated to defend or indemnify the plaintiff in the underlying action, and (2) from an order and judgment (one paper) of the same court dated April 26, 2011, which granted the plaintiff's motion for summary judgment declaring that the defendant is obligated to defend it in the underlying action and to pay previously incurred defense costs, declared that the defendant is so obligated, and severed the remaining causes of action.