2018-03876. Index No. 1408/17.

190 A.D.3d 724 (2021)

135 N.Y.S.3d 874

2021 NY Slip Op 00166

David N. Melamed et al., Appellants, v. First American Title Insurance Company, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 13, 2021.

Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Garden City, NY ( Steven R. Schlesinger , Christopher E. Vatter , and Rachel A. Morgenstern of counsel), for appellants.

Sills Cummis & Gross P.C., New York, NY ( Jamiee Katz Sussner and Jason L. Jurkevich of counsel), for respondent.

Austin, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that the defendant is not obligated to defend and indemnify the plaintiffs in the underlying action.

The plaintiffs, David N. Melamed and Mahvash M. Danielian, own certain real property in Roslyn Harbor, and nonparty Susan F. Abeles owns an adjoining parcel of land. Abeles commenced an action against the...

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