Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant U.S. Underwriters Insurance Company which was for summary judgment and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.
On December 11, 2002 the plaintiff in the underlying action, who is the unserved third-party...
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