Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the second cause of action is reinstated, the cross motion is granted, and the counterclaims are dismissed as premature, without prejudice.
The plaintiff Peter Marren owns Marren Mechanical, Inc. (hereinafter Marren Mechanical), which services commercial burners. In or about October 1995 Marren Mechanical hired the defendant William Ludlam, a certified welder...
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