Ordered that the order is reversed, on the law, with one bill of costs to the defendant/third-party plaintiff and the third-party defendant Fresenius Medical Care, payable by the plaintiff, those branches of the cross motion of the defendant/third-party plaintiff and the third-party defendant Fresenius Medical Care, which were for summary judgment dismissing the complaint are granted, that branch of the cross motion of the defendant/ third-party plaintiff which was for summary...
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