Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the motion of the defendant/third-party defendant, ABC Construction Contracting, which were for summary judgment dismissing the cause of action alleging common-law negligence and the third-party causes of action alleging common-law indemnification and contribution insofar as asserted against it, and substituting therefor provisions denying those branches of the motion...
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