Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the Fatsis defendants which was for partial summary judgment is denied, upon searching the record, summary judgment is awarded to the appellant, 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 defend or indemnify the respondents in the underlying action.
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