Order entered on October 21, 1959 and judgment entered thereon, unanimously reversed, on the law, with costs to appellant, and the defendant's cross motion for summary judgment denied, with $10 costs.
An issue of fact exists as to whether plaintiff's failure to obtain from the Common Council of the City of Yonkers the change of zone was the direct result of defendant's default in removing or causing to be removed the barrier on the easterly end of Henderson Avenue...
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