Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.
In December 1991 the plaintiff was unloading refuse from his van at the Hempstead town dump when the defendant third-party plaintiff John Sammut pulled his vehicle alongside the plaintiff's van. Shortly thereafter, as Sammut began to move his vehicle, it came into contact with the nearby guardrail. The guardrail became dislodged and struck...
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