It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the first cross claim and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking damages for injuries she allegedly sustained in an altercation with defendant Wilbert Jones, Jr. while waiting in line to enter the dining area at an Old Country Buffet Restaurant...
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