It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the third and sixth causes of action and as modified the order is affirmed without costs.
Memorandum: Plaintiff and defendant entered into a contract pursuant to which defendant was to "[p]rovide engineering design for a new manure treatment/storage facility ... [to] be comprised of a single earthen storage pond." Defendant also agreed...
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