Ordered that the order is reversed insofar as appealed from, on the law, the plaintiff's motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Kings County, for a calculation of damages and entry of an appropriate judgment; and it is further,
Ordered that the order is affirmed insofar as cross-appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
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