Ordered that the order is modified, on the law, by deleting the provision thereof which denied the plaintiff's cross motion for summary judgment and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the defendant is required to defend Karen A. Utting...
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