It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of defendants' cross motion with respect to the third cause of action in its entirety, reinstating that cause of action in its entirety and granting the motion and as modified the order is affirmed without costs.
Memorandum:
Supreme Court erred in denying plaintiff's motion seeking partial summary judgment on liability on the...
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