Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the counterclaim is severed.
The appellant, a company which removes and disposes of waste materials, rendered such services to the respondent, the operator of a ship repair facility at the Brooklyn Navy Yard, which is owned by the Brooklyn Navy Yard Development Corporation (hereinafter the BNYDC). The respondent employed the appellant during an improvement...
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