It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiff's motion and as modified the order is affirmed without costs.
Memorandum:
Supreme Court erred in granting plaintiff's motion for partial summary judgment on the issue of liability against David Blovat (defendant). Plaintiff landlord commenced this action asserting, inter alia, a breach of contract cause of action against defendant...
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