Ordered that the order and judgment is modified, on the law, by (1) deleting the provision thereof denying that branch of the motion which was for summary judgment declaring that the defendant is obligated to defend the plaintiff in the underlying action and reimburse it for attorney's fees, costs, and disbursements previously incurred in defense of that action, and substituting therefor a provision granting that branch of the motion and making that declaration, and (2) deleting...
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