Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The injured plaintiff, a police officer, was injured when a piece of wood, which was wedged underneath the rear wheel of a vehicle that he was assisting the appellant dislodge from a snowbank, was propelled forward and struck him in the leg.
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