Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 9, 2012 in a personal injury action. The order, among other things, granted the cross motion of defendant for summary judgment dismissing the complaint.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the cross motion is denied and the complaint is reinstated.
Memorandum: Plaintiff commenced this...
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