Ordered that the order is affirmed insofar as appealed from, with costs payable to the respondent.
This action arises out of an accident that occurred on January 21, 2005. Beginning approximately three years prior to that date, the injured plaintiff was employed as a truck driver by Horan Sand & Gravel (hereinafter Horan), which was in the business of "leasing" its trucks and drivers to construction contractors. For approximately 1½ years immediately preceding...
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