Ordered that the cross appeal from so much of the order as dismissed the second cause of action asserted in the third-party complaint is dismissed as withdrawn, without costs or disbursements; and it is further,
Ordered that the order is modified by (1) deleting the provision thereof which granted that branch of the third-party defendant's motion which was to dismiss the first cause of action and substituting therefor a provision denying that branch of the motion...
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