Ordered that the order is modified by (1) deleting the first decretal paragraph thereof granting D'Angelo's motion, (2) deleting the second decretal paragraph thereof and substituting therefor a provision that, upon searching the record, summary judgment is granted in Empire's favor declaring that Empire is under no obligation to either defend or indemnify Rocco Rafaniello pursuant to the terms of insurance policy No. SM-1-96-49337, and (3) deleting the third decretal paragraph...
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