Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered June 29, 2022. The order adhered to an order granting the motion of defendant for summary judgment dismissing the complaint and denying the cross-motion of plaintiff for summary judgment.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion, reinstating the complaint, and granting the cross-motion insofar as it sought damages...
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