It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied in part and the second through fourth causes of action against defendant James Czyrny are reinstated.
Memorandum:
With respect to appeal No. 1, we conclude that Supreme Court erred in granting that part of the cross motion of James Czyrny (defendant) for summary judgment dismissing the second, third...
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