Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the cross motion of the defendant Carol Pickering-Robinson's decedent which was for summary judgment dismissing the complaint insofar as asserted against him, and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
On January 14, 2009, Christopher...
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