Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 5, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff insurer's motion for summary judgment on the third cause of action in its amended complaint seeking a declaration that it has no duty to defend or indemnify defendant Amoco Construction Corp. in the underlying personal injury action, unanimously modified, on the law, to grant, upon a search of the record, summary judgment...
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