Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant Utica First Insurance Company is obligated to defend and indemnify Gregory Kirkham in the underlying personal injury action entitled Chumsky v Danna Construction Corp., commenced in the Supreme Court, Kings County under index No. 2963/01.
Pursuant to Insurance Law § 3420 (d), an insurer...
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