Ordered that the order is modified, on the law, by deleting the provision thereof which, upon reargument, in effect, vacated the original determination and denied the motion for summary judgment dismissing the complaint and substituting therefor a provision, upon reargument, adhering to the original determination in the order dated June 3, 2002; as so modified, the order is affirmed, with costs to the appellant.
The plaintiff Vincenzo Venuto allegedly was injured...
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