Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered February 3, 2012 in a personal injury action. The order denied in part defendant's motion for summary judgment dismissing the complaint.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and the complaint is dismissed.
Memorandum: Plaintiff commenced this action seeking damages...
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