Order unanimously reversed, without costs, and matter remitted to Special Term, Monroe County Court, for further proceedings in accordance with the following memorandum: This action was commenced against defendant Cambridge Colony, Inc., on June 10, 1968, which thereupon impleaded several other independent contractors, including appellant. Appellant, thereafter, filed his answer and an amended answer on November 12, 1968. Subsequent to joinder of issue, during a period in...
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