Appeal from an order of the Supreme Court, Erie County (John B. Licata, J.), entered August 16, 2022. The order denied the motion of defendant for summary judgment dismissing the complaint.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting defendant's motion in part and dismissing the second cause of action, and as modified the order is affirmed without costs.
Memorandum:
Plaintiff homeowner commenced...
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