Order, entered July 12, 1967, denying defendant-appellant's motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to appellant and the motion is granted.
Plaintiff does not have a cause of action against defendant-appellant, since the negligence of the operator of the truck is to be imputed to plaintiff. Plaintiff, the lessee of the truck, was a passenger at the time of the happening of the accident. He had the legal right...
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