Ordered that the order is reversed, on the law, with one bill of costs to the defendant/third-party plaintiff payable by the plaintiff, and one bill of costs to the third-party defendant Scatt Materials, Inc., payable by the defendant/third-party plaintiff, the motion of the defendant/third-party plaintiff for summary judgment dismissing the complaint is granted, and the cross motion of the third-party defendant Scatt Materials, Inc., for summary judgment dismissing the third...
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