Ordered that the order is affirmed, with costs.
The plaintiff, an employee of the third-party defendant, alleged that he sustained injuries on September 25, 2002 when he fell from a scaffold while performing work at certain premises in Setauket owned by the defendant Rene Castella.
The president of Whitford Development, Inc. (hereinafter Whitford), clearly and unequivocally set forth, in his affidavit in support of his motion for summary judgment, that Whitford...
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