Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [e]); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the defendant Duane Reade, Inc.
The Supreme Court properly denied the plaintiffs' cross motion for summary judgment on the issue of liability against the defendant Duane Reade, Inc. (hereinafter Duane Reade). "A defendant...
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