Order of the Appellate Term modified on the law by striking therefrom the word "denied" and by substituting therefor the words "striking out the answer denied, and summary judgment dismissing the complaint granted." As so modified, order unanimously affirmed, with costs in all courts to respondent-appellant.
In our opinion, respondent-appellant is entitled to judgment dismissing the complaint despite the absence of a cross motion on its behalf. (Rules Civ. Prac...
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