Ordered that the order dated June 12, 2009, is reversed insofar as appealed from, on the law, with one bill of costs, and, upon reargument, the determination in the order dated January 13, 2009, granting the defendant/third-party plaintiff's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is adhered to.
The defendant 1710 Broadway, Inc. (hereinafter 1710), owned
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