Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and, upon renewal, so much of the order dated May 5, 2008, as denied that branch of the third-party defendant's motion which was, in effect, for summary judgment dismissing the complaint and that branch of the defendant/third-party plaintiff's cross motion which was for summary judgment dismissing the complaint is adhered to.
On January 27, 2004, at approximately 12:30...
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