Order and judgment (one paper), Supreme Court, New York County (James E. D'Auguste, J.), entered March 3, 2023, which granted defendant's motion to dismiss and for summary judgment dismissing the complaint, and denied plaintiff's cross-motion for summary judgment declaring that defendant was obligated to provide a defense and indemnification in the underlying personal injury action, unanimously modified, on the law, to declare that defendant was not obligated to provide a...
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