Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered January 31, 2013. The order, among other things, denied defendant's motion for summary judgment dismissing the second amended complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendant's motion and dismissing the second amended complaint and as modified the order is affirmed without costs.
Memorandum: We agree...
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