Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and, upon searching the record, it is declared that the defendant is not obligated to defend or indemnify the plaintiff in the underlying negligence action.
The facts leading up to the instant appeal are uncontroverted. On May 17, 1977, the plaintiff was involved in an accident with an automobile owned by Heinz Geinitz. The plaintiff's wife and son, who were passengers in...
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