Ordered that the order is modified, on the law, by deleting the provision thereof denying the plaintiff's motion for summary judgment, and by substituting therefor a provision granting that motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Richmond County, for entry of an appropriate judgment.
The record demonstrates as a matter of law that the plaintiff...
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