Appellate Division of the Supreme Court of the State of New York, Second Department.
Order modified, on the law, by (1) deleting therefrom the words "by reason of the existence of trial [sic] issues of fact" and (2) adding a provision thereto granting summary judgment to defendant (CPLR 3212 [b]). As so modified, order affirmed, with costs to the defendant.
The facts of this case were stipulated to by the parties and are as follows:
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