Order unanimously reversed, with costs, and motion granted, in accordance with the following memorandum: Appellant, Regional Transit Service, moved for summary judgment in this declaratory judgment action against respondent, its general liability insurer, Lumbermens Mutual Casualty Company (Lumbermens). Special Term denied the motion without prejudice to renew once respondent had a reasonable opportunity to conduct discovery proceedings. The accident that underlies this action...
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