Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered July 30, 2012. The judgment, insofar as appealed from, granted that part of the motion of defendant for summary judgment dismissing plaintiff's third cause of action.
It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, that part of defendant's motion for summary judgment seeking dismissal of the third cause of action...
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