Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered November 6, 2013. The order granted the motion of defendant for summary judgment, dismissed the action and denied the cross motion of plaintiff for partial summary judgment.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying defendant's motion and reinstating the complaint with the exception of any defamation claim and as modified...
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