Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Duocolony Fuel Corp. which was for summary judgment dismissing the complaint insofar as asserted against it as barred by the doctrine of collateral estoppel is granted.
The plaintiff Fernando Montoya (hereinafter the plaintiff) allegedly sustained personal injuries when he impaled his foot after stepping on a five-inch high piece of broken...
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