Order dated September 13, 1978, reversed, on the law, plaintiff's motion for summary judgment is granted as to liability only and the action is remitted to Special Term for an assessment of damages. Appeal from the order dated December 6, 1978 dismissed. Plaintiff is awarded one bill of $50 costs and disbursements to cover both appeals.
Since the plaintiff had established the facts underlying its cause of action by documentary evidence, it was incumbent upon the defendant...
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