Order modified by striking from the second ordering paragraph everything following the word "re-argument" and by substituting therefor a provision granting the motion and dismissing the cross complaint, without costs. As so modified, order insofar as appealed from affirmed, without costs. Judgment modified accordingly and, as so modified, affirmed, with costs to appellant, payable by defendant-respondent.
The uncontradicted evidence is to the effect that the owner...
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