Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action to recover damages for negligence. The defendant moved pursuant to, inter alia, CPLR 3211 (a) (7) to dismiss the complaint. In an order dated November 1, 2017, the Supreme Court, among other things, granted that branch of the defendant's motion. The plaintiff appeals.
On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must "accept the facts...
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