Ordered that the appeal from the order dated October 12, 1994, is dismissed, as that order was superseded by the order dated April 15, 1997, made upon reargument; and it is further,
Ordered that the order dated April 15, 1997, is reversed insofar as appealed and cross-appealed from, on the law, the respective cross motions of the defendant third-party plaintiff and the third-party defendant for summary judgment are granted, and the complaint and the third-party complaint...
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