Order unanimously modified on the law and in the exercise of discretion, without costs, to provide that it be without prejudice to a renewal of the motion for summary judgment by the plaintiff, if so advised, after issue has been joined by the third-party defendants, and, as so modified, affirmed, without costs.
Subdivision 2 of section 193-a of the Civil Practice Act expressly gives the third-party defendants the right to contest and defend against the plaintiff...
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