It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendant-third-party defendant's motion insofar as it sought a declaration and granting judgment in favor of defendant-third-party defendant as follows:
It is ordered, adjudged and declared that defendant-third-party defendant has no obligation to defend or indemnify plaintiff in the underlying action, and as modified the order is affirmed without costs.
Memorandum...
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