Ordered that the order is modified by deleting the provision thereof denying the motion of the defendant Lumex, Inc. for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision granting that motion; as so modified the order is affirmed, with costs to the defendant Lumex, Inc.
The instant action, inter alia, to recover damages for wrongful death, arises from the robbery and killing of the plaintiff's decedent...
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