Unanimously modified, on the law, to deny defendant's motion in its entirety and otherwise affirmed, without costs or disbursements.
Special Term correctly concluded that the motion and cross motion for summary judgment were premature. Issue had not been joined by service of an answer (CPLR 3212). Special Term incorrectly dismissed the complaint. Although the facts alleged in the complaint appear to be unclear, nevertheless the liberal construction which must be afforded...
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