Ordered that the order dated April 13, 2011, is modified, on the law, by deleting the provision thereof granting that branch of the defendant's cross motion which was for summary judgment dismissing the cause of action alleging breach of contract, and substituting therefor a provision denying that branch of the defendant's cross motion; as so modified, the order dated April 13, 2011, is affirmed insofar as appealed from, without costs or disbursements.
In August 2006...
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