Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the motion of the third-party defendant which was for summary judgment dismissing the cause of action for contractual indemnification, asserted in the third-party complaint. The third-party defendant failed to meet its initial burden of demonstrating the absence of any material issues of fact, as there exists a triable issue of fact as to whether...
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