Ordered that the order is reversed insofar as appealed from by the plaintiff, on the law and in the exercise of discretion, that branch of the motion of the defendants/third-party plaintiffs which was for summary judgment dismissing the complaint is denied, and the plaintiff's cross motion for leave to amend his bill of particulars is denied on the merits; and it is further,
Ordered that the order is affirmed insofar as appealed from by the third-party defendant;...
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