Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion to dismiss the complaint is denied, and the cross motion to restore the action to the trial calendar is granted.
The plaintiff Eduardo Ballestero (hereinafter the injured plaintiff), sustained injuries in 1992 while working at a construction site. At some point, he became a "civilian [employed] by the United States Department of Defense as an Able Body Seaman....
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