The motion by all defendants other than the defendant Lanza Contracting Corp. to dismiss pursuant to CPLR 3211 (a) (5) and (7) or for summary judgment pursuant to CPLR 3212 is denied.
Plaintiff is evidently in the business of either acting as a hauler of demolition debris or leasing trucks and equipment to others for such purpose.
From the pleadings and the affidavits, it appears that there is no dispute that between...
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