Reversed, with one bill of $10 costs and disbursements, and motions denied. The time of the third-party defendant to answer is extended until 20 days after entry of the order hereon.
In our opinion, the issue as to whether the complaint states a cause of action should await the development of proof, and should not have been resolved, as it was, on motions made pursuant to CPLR 3211 (subd. [a], par. 1) which, by agreement of the parties, was treated as the equivalent...
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