Order unanimously reversed, with costs, motion granted and third-party complaint dismissed.
Memorandum:
Plaintiff, an employee of third-party defendant Amadori Construction Co., Inc. (Amadori) and a coemployee of third-party defendant Alvin Rhodes, was injured on the job when a crawler type backhoe owned by Amadori and operated by Rhodes ran into and upon him. Plaintiff brought action against Warner & Swasey Co. (Warner) and Dow & Company (Dow), alleging...
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