WILLIAM R. LaMARCA, Judge.
Defendant, RCPI LANDMARK PROPERTIES, L.L.C. (hereinafter referred to as "LANDMARK") moves, pursuant to CPLR §3212, for an order dismissing the plaintiffs', EUGENE TRAVERS and ANGELA TRAVERS (hereinafter referred to collectively as "TRAVERS"), complaint. Plaintiffs' oppose the motion, which is determined as follows:
Background
This is an action for personal injuries sustained by the plaintiff...
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