Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing so much of the complaint as sought to recover damages for breach of the "Conditional Temporary Coverage Agreement" is granted, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment, inter alia, declaring that the defendant is not obligated to honor the terms of the "Conditional Temporary Coverage Agreement."
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