Ordered that the order is reversed, on the law, with one bill of costs, the plaintiff's motion for summary judgment declaring that it is not obligated to defend or indemnify the defendant Joseph M. in the underlying action is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant Joseph M. in the underlying action pending in the Supreme Court,...
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