Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted the motion of defendant-third-party plaintiff, Pak-Mor Manufacturing Company (Pak-Mor), seeking dismissal of the cross claim of defendant Truckmobile Equipment Corp. and the counterclaim of third-party defendant, Town of Niagara (Town). We reject plaintiff's contention that Pak-Mor previously moved to dismiss the complaint for lack of personal jurisdiction and thus that the...
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