Ordered that the order is modified, on the law, by deleting the provision thereof, in effect, dismissing the defendant's first and second affirmative defenses; as so modified, the order is affirmed, without costs or disbursements.
The claimant failed to allege compliance with the condition precedent contained in the parties' contract. The defendant, in the first and second affirmative defenses asserted in its answer, denied such compliance with sufficient specificity...
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