Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendant's cross motion which was for summary judgment dismissing the plaintiff's first cause of action and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.
The first cause of action is based on allegations that the plaintiff incurred...
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