Ordered that the order is modified, on the law, by (1) deleting the provision thereof which, upon searching the record, granted summary judgment to the defendants dismissing the complaint, and (2) deleting the provision thereof which denied that branch of the plaintiff's motion which was for summary judgment on the issue of liability and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff...
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