Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Lennox Pascal which was for summary judgment dismissing the fifth cause of action, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly granted those branches of the motion of the defendant Lennox...
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