Ordered that the order dated January 9, 2004, is reversed insofar as appealed from, on the law and as a matter of discretion, and the cross motion of the third-party defendants for summary judgment dismissing the third-party complaint is denied as premature; and it is further,
Ordered that the order dated May 13, 2004 is reversed, on the law, and the plaintiff's motion for summary judgment on the issue of liability is denied; and it is further,
Ordered that...
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