Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment is granted, and the complaint is dismissed.
The defendant established its entitlement to judgment as a matter of law by submitting evidence in admissible form, including an affidavit and testimony from the examination before trial of its vice president and project engineer, which indicated that it had neither been negligent...
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