Judgment and order reversed insofar as appealed from, on the law, with $50 costs and disbursements payable by defendant L. A. Wenger Contracting Co., Inc., to appellant, the said branch of the motion for summary judgment is denied and appellant's cross motion is granted.
The time within which appellant may serve its amended complaint in accordance herewith is extended until 20 days after service upon it of a certified copy of the order to be made hereon, together...
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