Ordered that the order is reversed insofar as appealed from, on the law, the defendant's motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify the plaintiff in the underlying action entitled Giampetruzzi v Richner Communications, Inc., pending in the Supreme Court, Queens County, under index No. 12600/07; and it is further...
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