Order modified, on the facts, by adding thereto a provision dismissing the third-party action. As so modified, order affirmed insofar as appealed from, without costs or disbursements.
The parties to this appeal have consented to this court's "exercise [of] the same jurisdiction and power as to" the issues in the third-party action "as it would have were the appeal from a judgment following a non-jury trial." We hold that the jury's finding of negligence on the part...
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