Ordered that the order is modified, on the law and the facts, by deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment dismissing the amended complaint and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings in accordance herewith.
The plaintiff...
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