Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The plaintiff was struck by a van as he was attempting to cross a parking lot exit which faced Jericho Turnpike in Mineola. At his examination before trial the plaintiff testified that the driver of the offending vehicle was...
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