Ordered that the order is modified, on the law, by deleting the provision thereof denying the defendant's motion for summary judgment dismissing the complaint and substituting therefor a provision granting the defendant's motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the defendant.
The defendant, Liberty Mutual Insurance Company, issued a Deluxe Homeowners Insurance Policy (hereinafter the policy) insuring...
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