Appeal and cross appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered August 9, 2013. The order, among other things, granted the motion of defendant-third-party defendant L.M. Sessler Excavating & Wrecking, Inc. seeking summary judgment dismissing the third amended complaint and the third-party complaint against it.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion...
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