It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the third-party complaint insofar as it seeks indemnification for damages sustained by plaintiff in the underlying action in excess of $1,000,000, and as modified the order is affirmed without costs.
Memorandum: Third-party plaintiffs, NRG Energy, Inc. and Dunkirk Power, LLC (collectively, NRG), appeal from an order that, inter alia...
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