It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying plaintiff's amended cross motion in its entirety and vacating the declaration, and as modified the judgment is affirmed without costs.
Memorandum: This action involving an insurance coverage dispute arises from an incident that occurred on November 14, 2008, during which plaintiff sustained injuries when a security guard at a nightclub allegedly assaulted him. The...
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