Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered May 20, 2013. The judgment denied defendant's motion for summary judgment and denied plaintiff's cross motion for summary judgment.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting plaintiff's cross motion and granting judgment in favor of plaintiff as follows:
It is adjudged...
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