Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment dismissing the common-law negligence cause of action is denied, that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability on the common-law negligence cause of action is granted, and that branch of the plaintiffs' cross motion which was to strike the defendant's answer pursuant...
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