Judgment unanimously affirmed, without costs.
Memorandum:
This declaratory judgment action was instituted to determine whether plaintiff is obligated to defend and/or indemnify defendant Mark Platten in an underlying negligence action in which Platten is a defendant. Wolford, plaintiff in the underlying action, contends on appeal that the issue of liability should await a determination in the primary action. We disagree. A declaratory judgment action is an...
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