Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered November 21, 2012 in a declaratory judgment action. The judgment, insofar as appealed from, granted that part of the cross motion of defendant seeking to dismiss the second cause of action.
It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, that part of the judgment dismissing the second cause...
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