Ordered that the order is affirmed, with costs.
The Supreme Court properly, in effect, granted that branch of the defendants' motion which was for summary judgment dismissing the complaint. The defendants established their prima facie entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact. In light of an order of the Supreme Court dated January 12, 2009, and our affirmance of the relevant portion of that order (see...
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