It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs to plaintiff.
Memorandum:
Plaintiff commenced this action to recover damages for the wrongful death of decedent during his employment at a sand and gravel mine operated by third-party defendant, Wades Coal and Concrete, Inc. (Wades). At the time of the accident, decedent was operating a loader manufactured in 1966 by a nonparty and purchased by Wades...
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