Ordered that the order is reversed, on the law, with costs, the motion is denied, and the third-party complaint is reinstated.
The vehicle that the third-party defendant, Janet Philips, was driving was struck in the rear by an automobile driven by the defendant third-party plaintiff Jean Richard Dorvelus. The parties submitted conflicting affidavits as to how the accident occurred.
Summary judgment is a drastic remedy and should not be granted where there...
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