It is hereby ordered that said cross appeal be and the same hereby is unanimously dismissed and the order is affirmed without costs.
Memorandum:
Plaintiffs commenced this action seeking damages for personal injuries sustained by Marcus J. Swimm (plaintiff) when he slipped and fell on ice that had accumulated in defendant's driveway. Defendant moved for summary judgment dismissing the complaint or, in the alternative, for bifurcation of the trial. We conclude...
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