Order unanimously reversed on the law with costs, motion denied and complaint reinstated.
Memorandum:
On the morning of November 12, 1987, defendant drove his pickup truck to Sharrow Ford, Inc. (Sharrow) for service. Defendant, a tobacco chewer, had attached a homemade spittoon to the emergency brake release handle under the dashboard of the truck. That morning the spittoon contained about six ounces of spit. After Sharrow mechanic Robert Shaff completed his...
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