Ordered that the order is affirmed, with costs, 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 an underlying action entitled Bonilla v Hargob Realty Assoc., pending in the Supreme Court, Kings County, under Index No. 9854/05.
The plaintiff entered into a construction contract with nonparty U.S.A. Interior, LLC (hereinafter USAI...
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