Order modified as follows: (a) by striking out its second decretal paragraph denying defendant's application for summary judgment; and (b) by substituting therefor a provision granting defendant's said motion. As so modified, order, insofar as appealed from, affirmed, with $10 costs and disbursements to defendant.
Both parties concede that the terms of the contract in suit are free from ambiguity. Under the circumstances, its construction was primarily a question...
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