Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, upon searching the record, summary judgment dismissing the complaint insofar as asserted against the defendant Jose Vargas is granted, and the complaint is dismissed in its entirety.
Contrary to the Supreme Court's determination, the defendant Cesar D. Zepeda established his prima facie burden on his motion for summary judgment by showing that the plaintiff...
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