Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Jeffrey Horton, doing business as Kwick Mart Deli, and Kwick Mart Deli which was for summary judgment dismissing the complaint insofar as asserted against them 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...
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