It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion of defendants Daniel P. Izzi and Rapid Disposal Service, Inc. and dismissing the complaint and cross claims against them and denying that part of plaintiff's cross motion seeking partial summary judgment on liability against defendants Daniel P. Izzi and Rapid Disposal Service, Inc. and as modified the order is affirmed without costs.
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