Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was to vacate that portion of the order dated March 14, 2002, which granted that branch of the cross motion which was, in effect, for summary judgment dismissing so much of the complaint as sought to recover damages for negligence, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed...
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