DECISION & ORDER
SHERRY KLEIN HEITLER, Judge.
Third-party defendant Approved Oil Co. of Brooklyn, Inc. ("Approved Oil") moves pursuant to CPLR 3211 to dismiss the third-party complaint against it bearing Index No. 590486/12. For the reasons set forth below, the motion is denied.
BACKGROUND
The underlying personal injury action was commenced on or about September 21, 2004. The complaint alleges that plaintiff's...
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