The motion court properly denied Exit's motion for summary judgment because there is an issue of fact as to whether Exit maintained a degree of control over the commercial filming on which plaintiff was injured. Exit and its principal and executive director, Damian Totman, are alleged to have conceived of the idea for the commercial, to have chosen the site for the commercial, and to have been present at the filming for the commercial. On the set, Totman is alleged to have...
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