Order modified as follows: (1) by striking out its second, third and fourth decretal paragraphs which granted defendant's cross motion for summary judgment, dismissed the complaint and adjudged that the defendant validly exercised his option under the lease; and (2) by substituting therefor a new decretal paragraph denying the defendant's cross motion for summary judgment. As so modified, the order is affirmed, with $10 costs and disbursements to plaintiff; and the judgment...
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