Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the defendant/third-party plaintiff for summary judgment on its counterclaim/third-party cause of action for a judgment declaring that the plaintiff and the third-party defendant are jointly and severally liable as partners by estoppel for any liability found against either party is granted, and the matter is remitted to the Supreme Court, Richmond County, for the entry of an...
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