Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion of the third-party defendant which was for summary judgment dismissing the second cause of action in the third-party complaint, and substituting therefor a provision granting that branch of the cross motion of the third-party defendant; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
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