It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing the complaint and granting judgment in favor of defendant as follows: "It is ADJUDGED AND DECLARED that defendant is not liable to pay supplementary underinsured motorist benefits to plaintiff" and as modified the judgment is affirmed without costs.
Memorandum:
Plaintiff commenced this action on behalf of the...
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