Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The infant plaintiff, Ever S. Benitez, also known as Ebert S. Benitez (hereinafter Ebert), was seriously injured while employed by the third-party defendant National Waste Disposal Corp. (hereinafter National Waste), an independent contractor hired by the...
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