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  5. 39 A.D.2d 34 (1972)
 

SEC. MUT. INS. v. ACKER-FITZSIMONS CORP.

39 A.D.2d 34 (1972)

Security Mutual Insurance Company of New York, Respondent, v. Acker-Fitzsimons Corp. et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1972.

Attorney(s) appearing for the Case

Eugene A. Leiman of counsel (Rein, Mound & Cotton, attorneys), for Norman Levy and another, appellants.

Bernard Trencher for Acker-Fitzsimons Corp., appellant.

Thomas F. McCarthy for Richard Adams and others, appellants.

William F. McNulty of counsel (Anthony J. McNulty with him on the brief; Tropp, Goldfinger & Berson, attorneys), for respondent.

STEVENS, P. J., and McGIVERN, J., concur with TILZER, J.; McNALLY, J., dissents in an opinion in which KUPFERMAN, J., concurs.

TILZER, J.

This is an appeal from a judgment declaring that plaintiff insurer is not required to defend (pursuant to the owners', landlords' and tenants' liability policy issued to defendant Fernley Realty Corp.) the action brought by defendants Adams, Harrington and Manning (hereinafter referred to as the prime action) and further declaring that plaintiff is not required to pay any judgment which may be recovered...

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