Order, entered on February 3, 1959, dismissing the second cause of action, reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs.
Plaintiff and defendant entered into a contract whereby defendant agreed to service and maintain plaintiff's airplane. The first cause of action alleges breach of the agreement; the second alleges negligence in the performance of the agreement; and the third alleges...
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