Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
The court properly denied that branch of the plaintiff's motion which was for summary judgment, inasmuch as the plaintiff did not make a prima facie showing sufficient to warrant judgment in his favor as a matter of law (see, CPLR 3212 [b]; Alvarez v Prospect Hosp.,
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