It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted in part and the complaint is dismissed.
Memorandum:
In April 2000 plaintiff William J. DeLine, individually and doing business as Barber & DeLine Drilling (plaintiff), entered into an agreement with defendant pursuant to which plaintiff agreed to purchase a drilling rig from defendant and to make 48...
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