Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court did not improvidently exercise its discretion in granting that branch of the plaintiff's cross motion which was pursuant to CPLR 3025 (b) for leave to amend the complaint to allege a cause of action based on his detrimental reliance on the appellant's "continued performance of [its] duties" (Espinal v Melville Snow Contrs.,
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