Judgment unanimously reversed, without costs of this appeal to either party, and the defendant's motion for summary judgment denied, without costs. The defendant's motion for judgment on the pleadings granted, without costs, with leave to the plaintiff to serve an amended complaint within 20 days after the service of a copy of the order herein.
Memorandum:
According to the allegations of the complaint, the former owners of the premises had promised to pay...
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