Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was to dismiss so much of the first cause of action as seeks to recover damages in the sum of $37,798.75 for breach of the contract for Phase I and Phase II work and substituting therefor a provision denying that branch of the motion; as so modified the order is affirmed, without costs or disbursements, and so much of the first cause of action...
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