It is hereby ordered that the order so appealed from is unanimously modified on the law by denying in part plaintiff's motion to strike defendants' answer and reinstating the answer insofar as interposed by defendant Werner Enterprises, Inc., resolving the issue of negligence in favor of plaintiff, and directing defendant Werner Enterprises, Inc. to pay $1,500 to plaintiff's counsel, and as modified the order is affirmed without costs and the matter is remitted to Buffalo...
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