Ordered that the order is affirmed, with costs.
In 2004 the plaintiff allegedly was injured when the snowmobile he was driving turned over and threw him off. In 2006 the plaintiff commenced this action against the defendant, which manufactured the snowmobile, alleging that an overcentered sway bar arm caused his accident. The note of issue and certificate of readiness were filed on or about April 22, 2009. In August 2009 the defendant moved for summary judgment dismissing...
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