Order unanimously modified by reversing that portion which granted summary judgment, on the ground that a triable issue exists as to the status of Franjoine, and as so modified affirmed, without costs of this appeal to any party.
Memorandum:
Under the facts in this case a trial is required to determine whether Franjoine Trucking, Inc., was a subcontractor or merely a materialman on the construction project. The deposition of the president of the trucking concern...
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