Order unanimously reversed on the law without costs, motion denied and complaint against defendant Joseph DiNardo reinstated.
Memorandum:
Supreme Court erred in granting the motion of Joseph DiNardo (defendant) for summary judgment dismissing the complaint against him. We note at the outset that the court failed to view the facts in the light most favorable to the party opposing the motion (see, Victor Temporary Servs. v Slattery,
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