Order unanimously modified on the law and as modified affirmed with costs to plaintiff, in accordance with the following memorandum: The court properly denied the parties' respective motions for summary judgment on defendant's fourth affirmative defense and counterclaim alleging lack of statutory authority for defendant to enter into the agreement under McKinney's Unconsolidated Laws of NY § 6255 (27) (now § 6255 [29]) (New York State Urban Development Corporation...
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