Order reversed, insofar as appealed from, on the law, without costs or disbursements, the plaintiff's cross motion is denied in its entirety and upon reargument defendant's motion is granted to the extent that plaintiff is awarded summary judgment in the principal sum of $3,000.
Plaintiff and defendant entered into a written agreement on June 27, 1979. Pursuant to this agreement, plaintiff, a trucking company "engaged in the trucking business as a contract carrier...
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