Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered January 22, 2013, which denied defendant's motion for summary judgment dismissing the complaint and declaring that it is not obligated to indemnify and defend plaintiffs Davis & Partners, LLC and RFD 425 Fifth Avenue, L.P. in the underlying personal injury action, granted so much of plaintiffs' motion as sought a judgment declaring that defendant is so obligated, and denied, as moot, so much of plaintiffs...
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