McLain v. Al Turi Landfill, Inc.

— In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Morrison, J.), entered September 15, 1987, which, inter alia, granted the defendant Browning-Ferris Industries of New York, Inc.’s motion for summary judgment dismissing the complaint as against it.

Ordered that the order is reversed, with costs, the motion is denied and the complaint and third-party complaint, together with any cross claims for indemnification, are reinstated.

Contrary to the conclusions of the Supreme Court, we find that the respondent has not…