Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's cross motion for summary judgment, and substituting therefor a provision denying that cross motion; as so modified, the order is affirmed, without costs or disbursements.
While the Supreme Court properly denied the defendant Frieda Kalter's motion for summary judgment, the court should have denied the plaintiff's cross motion for summary judgment, since there...
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