Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered September 12, 2014. The order granted the motion of defendant for partial summary judgment on the issue of liability on his first counterclaim and dismissed the complaint.
It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion is denied, and the complaint is reinstated.
Memorandum: Plaintiff commenced this action alleging that...
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