Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements, the action is reinstated, and the moving and answering papers are deemed to be the complaint and the answer, respectively.
The plaintiff made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence...
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