Ordered that the order is modified, on the law, by deleting the first and the third decretal paragraphs thereof, and by substituting therefor a provision denying the defendant's motion; as so modified, the order is affirmed, with costs to the plaintiff, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.
The Supreme Court granted summary judgment to the defendant on the ground that the plaintiff failed...
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