Ordered that the order is reversed insofar as appealed from, on the law, the motion and the cross motion are granted, and the complaint and the third-party complaint are dismissed; and it is further,
Ordered that the appellants are awarded one bill of costs.
The decedent, an employee of the third-party defendant, New York City Transit Authority (hereinafter NYCTA), was killed when a subway train crashed into a crane that he was operating on the subway tracks...
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