Order modified, on the law, by (1) deleting the second decretal paragraph thereof and substituting therefor a provision granting the branch of the motion which sought summary judgment with respect to the first cause of action and (2) deleting from the first decretal paragraph thereof the provision for a severance. As so modified, order affirmed, with $50 costs and disbursements to defendant.
With regard to the contract claim, summary judgment was improperly denied...
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