Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion and substituting therefor a provision denying that motion; as so modified, the order is affirmed insofar as appealed from, with costs.
The Supreme Court erred in granting summary judgment to the respondent on the ground that the plaintiff failed to give timely notice of the claim. Although the respondent made a prima facie showing of its entitlement to judgment as...
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