Ordered that the order is modified, on the law, by deleting therefrom the provision which denied the cross motion of the defendant and third-party plaintiff for summary judgment against the third-party defendant and substituting therefor a provision granting the cross motion of the defendant and third-party plaintiff for summary judgment against the third-party defendant; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by the...
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