Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York, NY ( Shawn D. Wagner of counsel), for appellant Allen J. Reyen.
William Schwitzer & Associates, P.C., New York, NY ( D. Allen Zachary of counsel), for respondent.
Barros, J.P., Rivera, Chambers and Wooten, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
Ordered that the order is modified, on the law and in the exercise of discretion, by adding a provision thereto that the denials of the defendants' separate motions for summary judgment dismissing the complaint insofar as asserted against each of them are without prejudice to renewal upon the completion of discovery; as so modified, the order is affirmed, without costs or disbursements.
The plaintiff allegedly was injured...
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