Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion which was for summary judgment declaring that the defendant is obligated to defend and indemnify the plaintiff Pepco Construction of New York, Inc., in the underlying action, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed, with costs to the defendant.
At the time of the injury...
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