Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant First Mercury Insurance Company which was, in effect, for summary judgment declaring that it was not obligated to defend and indemnify the plaintiff Harco Construction, LLC, pursuant to a policy of insurance issued by it to Disano Demolition Co., and substituting therefor a provision denying that branch of the motion; as so modified, the order...
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