Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the matter is remitted to the Supreme Court, Queens County, to determine the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it on the merits.
Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying the appellant's motion for summary judgment dismissing the complaint insofar...
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