Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the motion of the defendant Long Island Savings Bank which was to dismiss the cross claim of the defendant DeCan Landscaping Co., Inc., and substituting therefor a provision granting that branch of the motion; as so modified the order is affirmed, without costs or disbursements.
We agree with the Supreme Court that factual issues exist as to whether the defendant...
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