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STATT v. AM. HOME ASSURANCE CO.

191 A.D.2d 962 (1993)

595 N.Y.S.2d 700

Rosemary T. Statt, Appellant-Respondent, v. American Home Assurance Company et al., Respondents-Appellants, and Dale L. Goldstein, Respondent. (Appeal No. 1.)

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

March 12, 1993

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: This declaratory judgment action is premature. The extent of defendant American Home Assurance Company's (Home) duty to indemnify must necessarily depend on the resolution of an issue that, if it arises, will be decided in the underlying action (see, Hout v Coffman, 126 A.D...

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