Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered November 7, 2012. The order granted the motion of plaintiff for summary judgment on the issues of liability and negligence.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion seeking a determination that defendants' negligence was the sole proximate cause of the accident and as modified the order is affirmed...
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