Orders unanimously reversed, with $25 costs and disbursements, and motion denied, without costs.
Memorandum:
Plaintiff appeals from an order granting summary judgment and dismissing its complaint. Plaintiff originally moved for summary judgment and an assessment of damages. In one of the answering affidavits submitted by defendant it was alleged that it was entitled as a matter of law to a dismissal of the complaint and in any event "there is a question of...
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