Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendants Omar Whitfield, doing business as Whitfield Auto Center, and Charles Whitfield in the underlying action entitled Johnson v Whitfield Auto, pending in the Supreme Court, Queens County, under index No. 11628/06....
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