Order unanimously reversed, with costs and the action restored to the Trial Calendar.
Memorandum:
By this action an insurer seeks a judgment declaring that it is not bound to defend or pay any damages awarded in personal injury or death actions against the named defendants, alleging (1) that the insured defendant was not the owner of the vehicle at the time of the accident described in the complaint, (2) that timely notice of the accident had not been communicated...
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