Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered November 17, 2022. The order granted the motion of defendant to dismiss the complaint.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by reinstating the complaint to the extent that it seeks a declaration and granting judgment in favor of defendant as follows:
It is ADJUDGED and DECLARED that plaintiff is not entitled to coverage from...
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