Order modified, on the law, by (1) deleting from the first decretal paragraph thereof (which denied plaintiff's motion "for the relief demanded in the complaint") the word "denied" and substituting therefor the word "granted"; (2) deleting the third decretal paragraph thereof (which granted plaintiff summary judgment for the above mentioned balance); and (3) deleting from the fourth decretal paragraph (which directed that the assessment be held before the court "and a jury...
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