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 TIG Insurance Company is not obligated to defend and indemnify the defendants Enrique M. Calderon and Janet Calderon in the underlying action entitled DeFreitas v Calderon, pending in the Supreme Court, Queens County, under Index No. 20692/00.
The subject insurance policy contained a provision requiring that...
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