Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion for summary judgment is denied, and, upon searching the record (see, CPLR 3212 [b]), summary judgment is granted in favor of the defendant and the matter is remitted to the Supreme Court, Richmond County, for the entry of a judgment declaring that the defendant is not obligated to defend or indemnify the plaintiffs in the underlying action entitled Weisshaut v Tranchina.
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