It is hereby ordered that the amended order so appealed from is unanimously modified on the law by granting that part of the motion of defendant Ferguson Electric Service Company, Inc. to dismiss the breach of contract cause of action asserted against it by plaintiff Benley Realty Co. and as modified the amended order is affirmed without costs.
Memorandum: In this action to recover damages sustained as the result of a fire, plaintiffs appeal and defendants each cross...
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