Ordered that the order is reversed insofar as appealed from, with costs, and the cross motion is denied.
The plaintiff has not met its burden of showing that, as a matter of law, the defendant breached the subject contract (see, CPLR 3212). The defendant correctly contends that the Supreme Court improperly engaged in issue determination when it decided that the defendant had not complied with its contractual obligation to "[r]egularly and systematically" maintain...
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