It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting summary judgment to plaintiff and as modified the order is affirmed without costs, and judgment is granted in favor of plaintiff as follows: "It is ADJUDGED AND DECLARED that defendant has a duty to defend and indemnify plaintiff in the underlying third-party action."
Memorandum:
An alleged employee of plaintiff was injured in a construction...
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