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MT. HAWLEY INSURANCE COMPANY, ap, v. SEVILLE ELECTRONICS TRADING CORP. RESPONDENTS (AND A THIRDPARTY ACTION). (INDEX NO. 19142/06) In an action for a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendants in an underlying action entitled Seville Electronic Trading Corp. v. D.P. Holding Corp., commenced in the Supreme Court, Suffolk County, under Index No. 1042/06, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Santorelli, J.), dated June 19, 2014, as denied that branch of its motion which was, in effect, for summary judgment dismissing the counterclaim of the defendant Seville Electronics Trading Corp. pursuant to Insurance Law §3420(a)(2) to recover the amount of an unsatisfied judgment obtained in the underlying action and declaring that it is not obligated to satisfy the judgment obtained in the underlying action.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff’s motion which was, in effect, for summary judgment dismissing the counterclaim of the defendant Seville Electronics Trading Corp. pursuant to Insurance Law §3420(a)(2) to recover the amount of an unsatisfied obtained judgment in the underlying action and declaring that it is not obligated to satisfy the judgment obtained 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 has no obligation to Seville Electronics Trading Corp. in connection with the judgment obtained in the underlying action.

 
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