Ordered that the order is affirmed, with costs.
The facts relevant to this appeal are set forth in Stafford v Viacom, Inc.,
The third-party defendant SCS Systems, Ltd. (hereinafter SCS), failed to demonstrate, prima facie, its entitlement to judgment as a matter of law dismissing the third-party complaint insofar as asserted against it (see Alvarez v Prospect Hosp.,
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