Order entered on November 7, 1968, granting motion for summary judgment unanimously reversed on the law, and the complaint dismissed pursuant to CPLR 3212 (subd. [b]), with $50 costs and disbursements to the appellant.
The only lease governing the relationship between the parties expired in the year 1921. The last operative covenant is to be found in the permits (executed) during the years 1924-1949, wherein the Railroad agreed to "maintain the said wharf property...
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