Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted for the entry of a judgment severing the third-party action and declaring that the third-party defendant Commercial Union Insurance Co. is obligated to defend and indemnify the appellant in the main action.
The defendant Jem Caterers of NY, Ltd. (hereinafter Jem), leased catering facilities from the defendant third-party plaintiff Eighteen Jericho Turnpike...
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