HELEN E. FREEDMAN, Judge.
This is an insurance declaratory judgment action arising out of a worker's accident at a Manhattan construction site. Defendant/third-party plaintiff U.S. Underwriters Insurance Company ("Underwriters") moves for summary judgment (CPLR 3212) dismissing the complaint and declaring that it does not have a duty to defend or indemnify plaintiff Alcon Builders Group, Inc. ("Alcon") in connection with a personal injury action entitled
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