Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Richmond County, for the entry of a judgment declaring that the defendant is not obligated to pay the costs to defend and indemnify the plaintiff in the underlying personal injury actions entitled Nawrocki v Yodice and Bottaro v Yodice, commenced in the Supreme Court, Kings County under index Nos. 2816/98 and 31317/98, respectively...
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