Judgment unanimously reversed on the law with costs, motion denied and complaint and third-party complaint reinstated.
Memorandum:
Supreme Court erred in granting defendants' motion for summary judgment dismissing the complaint and in dismissing, sua sponte, the third-party complaint. There is a triable issue of fact whether Wesley L. Chandler (defendant), "in the exercise of reasonable care, should have taken some evasive action to avoid the collision...
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