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 in action No. 3 is not obligated to defend and indemnify the plaintiff in action No. 3 in the underlying action entitled Giampetruzzi v 2 Endo Boulevard, LLC, pending in the Supreme Court, Nassau County, under index No. 10115/06.
"An insurer may . . . disclaim coverage on the basis of a policy...
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