Ordered that the orders are reversed, on the law and as a matter of discretion in the interest of justice, the motions are denied, and the answer to the complaint and to the cross claim asserted by L.K. Comstock & Co., Inc. is reinstated; and it is further,
Ordered that the appellant is awarded one bill of costs.
We agree with the contention of the defendant City of New York (hereinafter the City) that the court improvidently exercised its discretion by...
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