Order unanimously reversed on the law with costs, defendant Rathbun's motion denied and complaint reinstated.
Memorandum:
This action was commenced to recover for personal injuries sustained by plaintiff Thomas M. Worth (plaintiff) when he was struck by a vehicle operated by defendant Deborah A. Snyder as plaintiff was assisting other individuals in removing from the highway a vehicle operated by defendant Frank Rathbun. Rathbun's vehicle had been disabled...
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