Appeals from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), dated December 8, 2011 in a personal injury action. The order denied the motion of third-party defendant for summary judgment, denied the motion of defendant City of Buffalo for summary judgment and denied in part the cross motion of defendant/third-party plaintiff U&S Services, Inc. for summary judgment.
It is hereby ordered that the order so appealed from is unanimously modified...
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