In an action to recover damages for personal injuries, the defendants Tracy Townsend and ABC Supply Co., Inc., appeal from an order of the Supreme Court, Queens County (Leonard Livote, J.), entered September 25, 2020. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were, in effect, for summary judgment determining that the plaintiff was not at fault in the happening of the accident and pursuant to CPLR 3211(b) to dismiss the first...
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