Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered April 2, 2012. The order, insofar as appealed from, granted respondents' motion for summary judgment and denied petitioner's cross motion for summary judgment.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, respondents' motion for summary judgment is denied, petitioner's cross motion for summary judgment is granted...
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