Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendants are not required to defend or indemnify the plaintiff with respect to the underlying personal injury action.
On May 23, 1994, Marcos Ramirez, an employee of Fortuna Construction, Inc. (hereinafter Fortuna), was injured while working at...
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