Judgment reversed, on the law, with costs, and action remanded to Special Term for entry of judgment in accordance with the views set forth herein.
The judgment is erroneous insofar as it declared the first three reservations in the 1960 deed to be subsisting, a fault conceded on appeal by plaintiff, whose reply to defendant's counterclaim admitted the exhaustion by plaintiff of its right of excavation. Upon remand, judgment should be entered declaring that plaintiff...
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