Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with one bill of costs, that branch of the motion of the third-party defendant W.J. Bell Plumbing and Heating, Inc., doing business as William J. Bell Plumbing & Heating, Inc., which was to sever the third-party action is denied, and that branch of the cross motion of the defendant and third-party plaintiff which was to vacate the note of issue is granted.
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