Judgment unanimously affirmed without costs.
Memorandum:
We affirm for reasons stated in the decision at Supreme Court. We add only that, to the extent defendant sought to avoid its duty to defend by relying on the pollution exclusion clause in the insurance policy, it bore the burden of establishing as a matter of law that the allegations of the complaint against Rochester Smelting & Refining Co., Inc. in the action entitled United States v Pesses...
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