Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant Insurance Corporation of New York is not obligated to defend and indemnify the plaintiff in the underlying personal injury action entitled Roche v J.C. Contracting of Woodside Corp., pending in the Supreme Court, Kings County, under index No. 42787/03.
The defendant Insurance Corporation of New...
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