Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith; and it is further,
Ordered that leave is granted to the petitioner to serve a supplemental notice of petition (CPLR 305 [a]) and amended petition (CPLR 3025 [b]) upon Gladys Fiana and Empire Insurance Company of Wausau setting forth a cause of action against those parties for a judgment declaring the existence...
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