Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the respondent's motion which was, in effect, pursuant to CPLR 3211 (a) (5) to dismiss so much of the complaint as sought to recover damages for personal injuries and loss of consortium against it and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
On February 4, 2003 the...
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