Ordered that the order is modified, on the law, by deleting the provision thereof, upon renewal, denying that branch of the defendants' prior motion which was for summary judgment dismissing the cause of action alleging common-law negligence asserted against them by the plaintiff Cristina Polman, and substituting therefor a provision, upon renewal, adhering to so much of the order dated May 22, 2008, as granted that branch of the motion; as so modified, the order is affirmed...
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