It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied, the first four causes of action are reinstated and the cross motion is granted in accordance with the following memorandum: Plaintiff commenced this action to recover damages for the breach of two construction contracts, alleging defendant's nonpayment of sums due thereunder. As an affirmative defense to plaintiff's first four causes...
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