OPINION OF THE COURT
MEMORANDUM.
Ordered that the order is reversed, without costs, plaintiff's motion for summary judgment in lieu of complaint is denied, upon a search of the record, defendant is awarded reverse summary judgment dismissing the action, and the matter is remitted to the Civil Court for the entry of a judgment in accordance with General Obligations Law § 5-511 (2).
In this action, plaintiff's motion for summary judgment in lieu...
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