Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied the motion of defendant American Loss Prevention Services (American) for summary judgment insofar as it sought dismissal of the negligence cause of action. Joseph S. Abato (plaintiff), whose duties as an employee of Trico Products (Trico) included operation of a freight elevator, was an intended beneficiary of American's agreement...
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