Unanimously modified, on the law, by reversing so much thereof as granted summary judgment on the fourth cause and as directed an assessment, so as to deny summary judgment on the fourth cause of action and to dismiss that cause and to grant summary judgment on the second cause of action in the sum of $114,000 plus interest from March 14, 1973, and, as modified, otherwise affirmed, with $60 costs and disbursements to plaintiff.
In April of 1971, the plaintiff was...
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