Reversed, with $10 costs and disbursements, and motion granted, with $10 costs; and second cause of action accordingly severed.
In our opinion there are no fact issues as to plaintiff's second cause of action and plaintiff is entitled to judgment for the relief therein sought, particularly in view of defendant's repeated tenders of the sum therein claimed. We also believe that the complaint is sufficient on its face; hence, the first defense, which pleads to the contrary...
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