Ordered that the appeal from the order entered March 27, 1997, is dismissed, as that order was superseded by the order entered December 5, 1997, made upon reargument; and it is further,
Ordered that the order entered December 5, 1997, is affirmed insofar as appealed from, and the matter is remitted to the Supreme Court, Westchester County, for entry of a judgment declaring that the defendant has no duty to defend or indemnify the plaintiff in the action entitled ...
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