Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify George Noriega and Carmen Noriega in the underlying action.
"The insurer bears the burden of proving that the facts alleged in the complaint do not fit within the range of the policy's coverage" (County of Columbia v Continental Ins. Co.,
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