Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion for summary judgment is denied, and the defendant's cross motion for summary judgment dismissing the complaint is granted.
The plaintiff Stephen Wilson was injured at a construction site where he was employed as a foreman for a plumbing subcontractor. He and his wife commenced an action (hereinafter the underlying action) against the general contractor, K.J. Gold, LLC (hereinafter KJ...
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