Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the separate motions of the defendant third-party plaintiff and the defendant second third-party plaintiff are denied, that branch of the motion of the third-party defendant second third-party defendant which was pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute is denied, and the complaint is reinstated.
Under the circumstances presented, the Supreme...
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