Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the plaintiff is not obligated to indemnify its insured in the underlying action pending in the State of Georgia.
The appellant insured, Toys R Us, Inc., a defendant in the underlying negligence action, did not obtain the consent of its insurer, the plaintiff Aetna Casualty & Surety Company (hereinafter Aetna...
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