Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting the cross motion of the defendant Sergio Sabaris and substituting therefor a provision denying that cross motion, and (2) deleting the provision thereof denying that branch of the plaintiff's cross motion which was for summary judgment declaring that the defendant Sergio Sabaris has a duty to indemnify the plaintiff and substituting therefor a provision granting that branch of the...
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