Ordered that the order is modified, on the law, by deleting the provision thereof which denied the third-party defendant's cross motion for summary judgment, and, upon searching the record, substituting therefor a provision granting the cross-motion; as so modified, the order is affirmed insofar as appealed from, with costs to the third-party defendant, and the third-party complaint is dismissed.
The defendant third-party plaintiff Ralph Silvers d/b/a Ralph Silvers...
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