It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the third-party complaint is dismissed.
Memorandum:
Supreme Court erred in denying the motion of third-party defendant, Leone Construction, Inc. (Leone), for summary judgment dismissing the cause of action for contractual indemnification in the third-party complaint of Baker Heavy & Highway, Inc. (Baker...
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