Order modified, on the law, by deleting the provision denying that branch of plaintiff's motion which was for partial summary judgment against defendant Alanthus Corporation and substituting a provision granting said branch of the motion. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff. Although the issue of substantial performance is usually one of fact, "if the inferences are certain, the question involves only a matter...
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