Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the first cause of action of the third-party complaint and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.
On December 31, 1997, at approximately 8:15 A.M., the plaintiff slipped and fell, allegedly as the result of an accumulation...
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