It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion and reinstating the amended complaint and as modified the order is affirmed without costs.
Memorandum:
In December 1998 the parties entered into an agreement wherein defendant agreed to arrange for the installation of 11 telecommunication service facilities (T-1 facilities) for use in plaintiff's business of providing Internet...
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