Order unanimously affirmed, with costs, Simons, J., not participating.
Memorandum:
Defendant appeals from a denial of its motion for summary judgment made pursuant to CPLR 3212. Plaintiffs assert a cause of action under section 167 (subd 1, par [b]) of the Insurance Law, based upon a judgment entered against defendant's insured after defendant disclaimed on its policy of insurance. Defendant alleges that the insured failed or refused to co-operate with it...
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