It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by granting the cross motion of third-party defendant, and judgment is entered in its favor as follows:
It is adjudged and declared that defendant-third-party plaintiff has the sole obligation to indemnify plaintiff in the underlying litigation, and as modified the order and judgment is affirmed without costs.
Memorandum: Time Cap Development Corp. (Time Cap...
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