Judgment unanimously reversed, without costs, and motion denied.
Memorandum:
In this negligence action, defendant served a third-party complaint in which it sought common-law and contractual indemnity. ¶ In the cause of action for common-law indemnity, defendant alleged that its negligence, if any, was passive whereas that of the third-party defendant was active. In the complaint it was alleged defendant was negligent in failing to provide a safe place...
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