Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the order is reversed insofar as cross-appealed from, on the law, and those branches of the cross motion of the defendants/third-party plaintiffs Abalene Oil Co., Inc., AT & T Wireless Services, Inc., and Nextel of New York, Inc., which were for summary judgment dismissing the complaint insofar as asserted by the plaintiff Mark Fernandez against them and on the issue of...
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