Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a new determination in accordance herewith.
The Supreme Court properly determined that the defendant third-party plaintiff, Merchants & Businessmen's Mutual Insurance Company, engaged in frivolous conduct by commencing a third-party action without evidentiary grounds to believe that its claim was meritorious. After a hearing...
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