Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the appellant's cross motion which was for summary judgment on its cause of action for common-law indemnification and substituting therefor a provision granting that branch of the cross motion conditionally in the event that a judgment is entered awarding damages in favor of the plaintiff and against the appellant; as so modified, the order is affirmed insofar as...
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