Order reversed, without costs; defendants' cross motion granted, and complaint in Action No. 1 dismissed, without costs.
The essence of plaintiff's action and the basis for its recovery, as judged by its own pleadings, is defendants' negligence, in that rain damage was caused to its personal property by the failure of defendants to exercise due care in maintaining and repairing the roof and skylights of the leased premises. This is so notwithstanding the assertion...
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