| New York City Hous. Auth. v Underwriters at Lloyd's, London |
| 2009 NY Slip Op 02978 [61 AD3d 728] |
| April 14, 2009 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| New York City Housing Authority,
Respondent, v Underwriters at Lloyd's, London, Appellant. (And a Third-Party Action.) |
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Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Steven B. Prystowsky and Joshua C.
Zimring of counsel), for respondent.
In an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff and to reimburse the plaintiff for all reasonable attorney's fees and disbursements incurred in the defense of an underlying action entitled Piliotis v City of New York, pending in the Supreme Court, Kings County, under index No. 20226/03, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated April 17, 2008, which granted the plaintiff's motion to quash a subpoena ad testificandum seeking to compel the deposition of the plaintiff's attorney.
Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see New York City Hous. Auth. v Underwriters at Lloyd's, London, 61 AD3d 726 [2009] [decided herewith]). Mastro, J.P., Santucci, Dickerson and Leventhal, JJ., concur.