In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated September 5, 2012, which denied its motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint and its application pursuant to CPLR 3211 (c) to convert the motion into one for summary judgment dismissing the complaint.
Ordered that on the Court's own motion, the appeal from so much of the order as denied the defendant...
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