It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.
Memorandum:
We conclude that Supreme Court erred in denying the motion of Mollenberg-Betz, Inc. (defendant) seeking summary judgment dismissing the amended complaint against it. Contrary to the contention of plaintiff, the court properly entertained the motion, although it...
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