Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered November 1, 2013. The order granted the motion of plaintiff-petitioner for partial summary judgment and denied the cross motion of defendant-respondent for partial summary judgment.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, plaintiff-petitioner's motion is denied, defendant-respondent's cross motion is granted and the...
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