Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment on the issue of liability is denied.
On November 23, 2013, at about 12:05 a.m., a dump truck owned by the defendant Ecco III Enterprises, Inc., and operated by the defendant Richard Royster, hit the rear of a vehicle operated by the plaintiff's decedent, which, having run out of gas, was stopped in the right...
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