Order reversed, with $10 costs and disbursements, and motion granted.
The complaint alleges: (1) that defendant, in the course of performing certain building construction work pursuant to an agreement with plaintiff, negligently drove three beams into a city sewer; (2) that plaintiff, in order to protect its property, undertook the repair of the sewer and (3) that plaintiff was free of contributory negligence. The complaint seeks recovery for injury to plaintiff's...
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