Ordered that the order dated September 13, 2004 is affirmed insofar as appealed from, with costs.
The Supreme Court, upon reargument, properly adhered to its prior determination denying the motion of the defendant H.H.M. Associates, Inc. (hereinafter HHM), for summary judgment dismissing the complaint insofar as asserted against it. There remains a triable issue of fact as to whether or not HHM created the alleged defect that caused the plaintiff's accident (see...
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