Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion and substituting therefor a provision denying the motion; as so modified, the order is affirmed, with costs to the defendant.
The Supreme Court erred in granting the plaintiffs' motion for partial summary judgment on the issue of liability since there are questions of fact as to whether the defendant was negligent (see, Zuckerman v City of New York,
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