Ordered that the order is reversed insofar as appealed from, on the law, with costs, the provision thereof vacating the original determination and denying the motion for summary judgment is deleted, and a provision adhering to the determination in the order dated March 23, 2001, is substituted therefor.
On December 28, 1996, the plaintiff was a passenger in a livery cab operated by the defendant. At his examination before trial, the plaintiff testified that he and...
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