Order unanimously reversed, with costs against plaintiff, and motion granted.
Memorandum:
Plaintiff was a passenger in an automobile driven by Richard Rambuski and was injured when the vehicle overturned on the property of defendant Drum Raceway, Inc. (Drum) at a time when the racetrack was closed for repair. Plaintiff commenced an action against Rambuski and Drum, both of whom answered and asserted cross claims against each other. Rambuski failed to appear...
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