Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff claims that the defendant negligently failed to discover the presence of termites in the subject premises, negligently failed to eradicate the termite infestation, and breached an alleged agreement to protect the premises from termites. Prior to commencing the action, the plaintiff had the termite damage repaired and discarded the damaged wood without notifying the defendant. We...
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