Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered December 27, 2012, which denied Gold Star's motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
In the underlying personal injury action, landlord 2445 Creston and tenant Gold Star were both named as defendants, and 2445 Creston asserted cross claims against Gold Star for common-law and contractual...
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