Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered June 19, 2012. The order, insofar as appealed from, denied the motion of defendant for summary judgment and granted that part of the cross motion of plaintiff seeking partial summary judgment against defendant on the issue of negligence.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the cross motion in its entirety and as modified...
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