In an action, inter alia, to recover damages for personal injuries, the defendant Dix McBride, LLC, appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated June 16, 2008, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it. Ordered that the order is affirmed, with costs. The drastic remedy of summary judgment should be granted only if there are no tr…
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