The underlying action is one based in negligence to recover for personal injuries sustained by plaintiff, an employee of Woodin Transportation Co., Inc., the third-party defendant. On August 14, 1973 plaintiff drove to defendant Bellevue's lumber yard located in Rotterdam, New York, to pick up a load of lumber to be delivered to Indian Lake, New York. On the following day plaintiff was injured when a timber struck him while he was preparing to unload the truck. Plaintiff...
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