Ordered that the order is modified by deleting the provision thereof granting the branch of the cross motion of the defendant Emilo Opallo d/b/a Opallo Sea Food which was for summary judgment dismissing the cross claim of the defendant Wilkarm Properties, Inc., against it and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff, and the cross claim of the defendant...
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