It is hereby ordered that the judgment so appealed from is unanimously vacated and the order entered December 10, 2015, is modified on the law by granting that part of the motion of defendants David L. Vickers & Sons and David L. Vickers, individually, for summary judgment dismissing the negligence cause of action and as modified the order is affirmed without costs.
Same memorandum as in Sestito v David L. Vickers & Sons ([appeal No. 2] 175 A.D.3d 955...
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