Ordered that the judgment is reversed, on the law, without costs or disbursements, so much of the order as, in effect, searched the record and awarded the defendant summary judgment dismissing so much of the complaint as sought to recover damages for permanent and substantial damage to the land and assessed statutory damages is vacated, and the matter is remitted to the Supreme Court, Dutchess County, for a trial on the issue of damages for permanent and substantial damage...
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