Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: Supreme Court properly declared that defendant Continental Casualty Company, doing business as CNA, is obligated to defend and indemnify plaintiff Tarolli in an action against him by Gustav Schmidt. The record indicates that Tarolli retained Schmidt to transport Tarolli's equipment, a grader, by using Schmidt's flat bed trailer...
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