Judgment modified, on the law and the facts, by (1) striking therefrom the decretal provision dismissing the complaint and (2) adding thereto a provision declaring and adjudging that the defendant, National Surety Corporation, (a) is not obligated by virtue of the insurance policy it issued to the plaintiff, the County of Nassau, to defend the latter in the action brought against it by Carolynn Budnik and (b) has no duty to make reimbursement to the plaintiff, the County...
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