Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered November 17, 2014, which granted defendant's motion to dismiss the complaint based on collateral estoppel and denied plaintiff's cross motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Defendant's motion, properly treated as a motion for summary judgment (CPLR 3212 [b]), is not precluded by the "single motion" rule (CPLR 3211 [e]). Although defendant previously...
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