Ordered that the order is reversed, on the law, with one bill of costs to the defendant/third-party plaintiff and the third-party defendant, the third-party defendant's motion for summary judgment dismissing the third-party complaint is granted, and the defendant/third-party plaintiff's cross motion for summary judgment dismissing the complaint and the third-party counterclaim is granted.
On August 21, 2003, the plaintiff, Enza Fontana, who worked as a cashier for...
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