Judgment unanimously modified in accordance with memorandum and as modified affirmed, without costs.
Memorandum:
Plaintiff brought this action for a judgment declaring that it does not have to defend defendants Dimino in the action brought against them for personal injuries and that it is not obligated to indemnify them on account of any judgment that might be entered against them, because of their failure to give notice of the accident as soon as practicable...
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