Ordered that the cross appeal by the third-party defendant Dame Contracting, Inc., from so much of the order as denied that branch of its motion which was for summary judgment on its cross claims for a judgment declaring that the third-party defendant Everest National Insurance Company is obligated to defend and indemnify it in the third-party action, is dismissed as academic in light of our determination on the appeal by the third-party defendant Everest National Insurance...
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