Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant's motion for summary judgment dismissing the complaint, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.
In July 2002, the plaintiff purchased certain property located in the Town of Poughkeepsie. The property was improved by a commercial building erected by the previous owners. In...
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