Ordered that the order is modified by deleting the provision thereof which, upon searching the record, granted summary judgment to the defendant, declaring it to be the owner of the subject property; as so modified, the order is affirmed, without costs or disbursements.
On July 21, 1994, the defendant SDR Realty, Inc. (hereinafter SDR), purchased certain real property located in Yonkers, N. Y., from Cross County Steel & Rock Bit Co. (hereinafter Cross County)...
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