Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the third-party defendant's motion which was to dismiss the third-party complaint is denied, the third-party complaint is reinstated, and the matter is remitted to the Civil Court of the City of New York, Kings County, for further proceedings in accordance herewith.
The Supreme Court improvidently exercised its discretion by, in effect, granting that...
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