JUAN SIERRA, plf, v. 4401 SUNSET PARK, LLC DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS; LM INTERIORS CONTRACTING, LLC, THIRDPARTY DEFENDANT-res, SCOTTSDALE INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT (AND A SECOND THIRD-PARTY ACTION). (INDEX NO. 32786/08)

JUAN SIERRA, plf, v. 4401 SUNSET PARK, LLC DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS; LM INTERIORS CONTRACTING, LLC, THIRDPARTY DEFENDANT-res, SCOTTSDALE INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT (AND A SECOND THIRD-PARTY ACTION). (INDEX NO. 32786/08)In an action to recover damages for personal injuries, and a third-party action, inter alia, for a judgment declaring that the thirdparty defendant Scottsdale Insurance Company is obligated to defend and indemnify the defendants third-party plaintiffs in the main action, the thirdparty defendant Scottsdale Insurance Company appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated June 23, 2011, as granted that branch of the motion of the defendants third-party plaintiffs which was for summary judgment declaring that it is obligated to defend and indemnify the defendants third-party plaintiffs in the main action, denied its cross motion, among other things, for summary judgment declaring that it is not obligated to defend and indemnify the defendants third-party plaintiffs in the main action, and denied its separate motion, among other things, for summary judgment declaring that it is not obligated to defend and indemnify the third-party defendant LM Interiors Contracting, LLC, for claims arising out of the main action.

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JUAN SIERRA, plf, v. 4401 SUNSET PARK, LLC DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS; LM INTERIORS CONTRACTING, LLC, THIRDPARTY DEFENDANT-res, SCOTTSDALE INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT (AND A SECOND THIRD-PARTY ACTION). (INDEX NO. 32786/08)In an action to recover damages for personal injuries, and a third-party action, inter alia, for a judgment declaring that the thirdparty defendant Scottsdale Insurance Company is obligated to defend and indemnify the defendants third-party plaintiffs in the main action, the thirdparty defendant Scottsdale Insurance Company appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated June 23, 2011, as granted that branch of the motion of the defendants third-party plaintiffs which was for summary judgment declaring that it is obligated to defend and indemnify the defendants third-party plaintiffs in the main action, denied its cross motion, among other things, for summary judgment declaring that it is not obligated to defend and indemnify the defendants third-party plaintiffs in the main action, and denied its separate motion, among other things, for summary judgment declaring that it is not obligated to defend and indemnify the third-party defendant LM Interiors Contracting, LLC, for claims arising out of the main action.

ORDERED that the appeal from so much of the order as denied the separate motion of the third-party defendant Scottsdale Insurance Company, among other things, for summary judgment declaring that it is not obligated to defend and indemnify the third-party defendant LM Interiors Contracting, LLC, for claims arising out of the main action is dismissed as withdrawn pursuant to a letter dated May 10, 2012; and it is further,

JUAN SIERRA, plf, v. 4401 SUNSET PARK, LLC DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS; LM INTERIORS CONTRACTING, LLC, THIRDPARTY DEFENDANT-res, SCOTTSDALE INSURANCE COMPANY, THIRD-PARTY DEFENDANT-APPELLANT (AND A SECOND THIRD-PARTY ACTION). (INDEX NO. 32786/08)

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