Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendants 237 Avenue X, LLC, Eugene Simonetti, and Eugene Simonetti, Jr., for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision granting the motion; as so modified, the order is affirmed, without costs or disbursements.
This personal injury action arises from an incident in which the plaintiff...
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