Order unanimously reversed on the law with costs, motion granted and cross motion denied.
Memorandum:
The court erred in denying plaintiff's motion for summary judgment and in granting defendant a conditional order of preclusion (CPLR 3042 [c], [e]). Plaintiff served a summons and verified complaint, dated June 8, 1989, alleging causes of action for breach of contract and account stated, and demanding judgment in the amount of $49,425.25. With its answer of...
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