Ordered that the order is reversed, on the law, with costs, the defendants' motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment, inter alia, declaring that the defendants are not required to indemnify the plaintiff for a payment it made in connection with the settlement of the underlying action entitled Baldi v Key Bank U.S.A., in the Supreme Court, Suffolk County, index No. 16737/03.
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