Ordered that the order is modified, on the law, by adding thereto a provision that, upon searching the record on the branch of the plaintiff's motion which was for summary judgment, summary judgment is granted to the defendant, and the complaint is dismissed; as so modified, the order is affirmed, with costs to the defendant.
The plaintiff was a paid employee of the third-party defendant Alexander Chisolm (hereinafter Chisolm), who had been engaged as school custodian...
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