Ordered that the order is modified, on the law, by deleting the second decretal paragraph thereof and substituting therefor a provision granting the defendant's cross motion for summary judgment dismissing the complaint; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff Clifford Bennett was injured when he fell out of a boat, as his companion's jeep was pulling the boat, which was on a trailer, out of the...
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