Order modified by striking therefrom the ordering paragraphs and by substituting therefor a paragraph to the effect that the cross motion is denied in all respects. As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellant.
The action is to recover for damages for alleged breach of a contract made in November, 1952 for the erection of an apartment house. Upon consent, an order was entered precluding respondent from offering...
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