Ordered that the order is modified, on the law, by deleting the provision thereof granting the third-party defendant's motion for summary judgment dismissing the third-party complaint, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, with costs to the third-party defendant payable by the defendant third-party plaintiff.
The Supreme Court properly granted the plaintiff's motion for summary judgment on the issue of liability...
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