Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiff's motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiff is not obligated to defend and indemnify the defendants in an underlying action entitled Glasgow v W.S. Distribution, pending in the Supreme Court, Kings County, under index No. 9248/04.
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