Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.
The infant plaintiff was injured in a sledding accident in a sump facility owned by the defendant Town. He had gained access to the sump by entering the third-party defendant's backyard and passing through a hole in a fence owned by the Town, and abutting the third-party defendant's property. The third-party defendant...
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