Ordered that the order dated January 9, 2004, is reversed insofar as appealed from, on the law, that branch of the appellant's motion which was for summary judgment is granted, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the appellant is not obligated to defend and indemnify 82-04 Lefferts Tenants Corp. in the proceeding entitled Matter of Jain v 82-04 Lefferts Tenants Corp., pending in the Supreme Court...
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