Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The plaintiff was injured when he fell while walking on a tank owned by Mobil Oil Corporation (hereinafter Mobil). Mobil impleaded the third-party defendant Matthews Industrial Piping Co., Inc. (hereinafter Matthews), which had performed repairs on the tank, alleging that Matthews had a contractual obligation to indemnify Mobil, and that Matthews
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