Ordered that the order dated October 25, 2010, is reversed insofar as appealed from, on the law, with costs, and, upon reargument, so much of the determination in the order dated April 16, 2007, as denied that branch of the motion of the third-party defendant which was for summary judgment dismissing the fourth cause of action in the third-party complaint is vacated, and that branch of the motion is granted.
The plaintiff commenced this action against the defendants...
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