Ordered that the appeal from the order entered July 15, 2009, is dismissed, as that order was superseded by the order entered December 15, 2009, made upon renewal and reargument; and it is further,
Ordered that the order entered December 15, 2009, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the defendant G&S Automotive Repair, Inc.
"Without a duty running directly to the injured person there...
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