It is hereby ordered that the order so appealed from is unanimously modified on the law by granting judgment in favor of defendant on the first cause of action as follows:
It is adjudged and declared that defendant is not obligated to defend and indemnify plaintiff in the underlying action and is not obligated to pay the attorney's fees and costs incurred by plaintiff in the defense of that action, and as modified the order is affirmed without costs.
Memorandum...
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