Order modified by (1) deleting from the first decretal paragraph thereof, which granted the branch of defendant's motion which sought summary judgment dismissing the complaint, the word "granted" and substituting therefor the word "denied" and (2) deleting the second and fifth decretal paragraphs thereof. As so modified, order affirmed insofar as appealed from, without costs.
Under the circumstances, there is a triable issue of fact as to whether defendant should...
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