Ordered that the judgment is reversed, on the law, without costs or disbursements, that branch of the cross motion which was for summary judgment dismissing the complaint is denied, the order entered October 23, 1997, is modified accordingly, and the matter is remitted to the Supreme Court, Queens County, for a determination of the appellant's motion and the remaining branches of the respondents' cross motion.
The plaintiff, Polera Building Corp. (hereinafter Polera...
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