Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the third-party complaint is granted, and the third-party complaint is dismissed.
The plaintiff, Reina Pena, was a passenger in a vehicle driven by the third-party defendant, Arsenio Pena (hereinafter the appellant), traveling south on 108th Street, which is a two-way street with one lane in each direction. The defendants...
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