Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the motions for summary judgment dismissing the complaint are granted.
The injured plaintiff alleged that, as he traversed a mulched area of premises owned by the defendant third-party plaintiff, Burger King Corporation (hereinafter Burger King), his left foot sunk down into the mulch. He allegedly lost his balance, struck a concrete abutment with his right foot, and...
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