Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment dismissing the cause of action to recover damages for common-law negligence insofar as asserted against the defendant Carl Kruger, sued herein as Carl Cruger and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs, and the cause of action to recover damages for...
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