Order unanimously modified on the law and as modified affirmed with costs to third-party plaintiff and judgment granted in accordance with the following Memorandum: Supreme Court erred in denying the cross motion of defendant and third-party plaintiff, B.R. Fries & Associates, Inc., sued herein as B.R. Fries Associates, Inc. (Fries), for partial summary judgment insofar as it sought a declaration that third-party defendant, Island Acoustics, Inc., had a duty to pay the...
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