Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendant MTL Construction Co., Inc., and the cross motion of the defendant Town of Oyster Bay Housing Authority, which were for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision denying those branches of the motion and the cross motion; as so modified, the order is affirmed insofar as...
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