Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The plaintiff, an employee of the defendant Colin Service Systems, Inc., was injured in a motor vehicle accident while a passenger in a van owned by it. At the time of the accident, the van was being driven by the plaintiff's brother. The plaintiff has conceded that, at the time of the accident, he was not acting within the scope of his employment with the respondent and that the...
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