Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellant's motion as sought summary judgment on its third cause of action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
It is undisputed that the second third-party defendant, Shan Nagendra, the lessee of the vehicle, did not name the...
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