Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, the defendant's cross motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the defendant is not obligated to pay a proportionate share of the defense and settlement costs incurred by the plaintiff in the underlying action.
The owner of an apartment complex...
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