Ordered that the order is modified, on the law, by deleting therefrom the provision denying the motion of the defendant third-party plaintiff, and by substituting therefor a provision granting the motion; as so modified, the order is affirmed, with one bill of costs to the plaintiff payable by the third-party defendant.
Contrary to the contention of the appellant, the Supreme Court acted properly in granting the plaintiff's cross motion for partial summary judgment...
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