Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Hudson Valley Landscaping M&P, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
On December 24, 2007, the plaintiff...
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