Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Donna M. Siwek, J.), entered September 22, 2021. The order and judgment granted the motion of defendants for summary judgment, dismissed the complaint and denied as moot the cross motion of plaintiff for partial summary judgment.
It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the motion in part, reinstating the complaint...
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