It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action alleging that he slipped and fell on snow and ice in the parking lot of defendant Denny's, Inc., also, as noted by Supreme Court, improperly sued as Denny's Restaurant (Denny's). Defendants thereafter moved for summary judgment dismissing the second amended complaint. As relevant to this appeal, the court granted the motion...
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