It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying that part of the cross motion seeking summary judgment dismissing the breach of contract cause of action insofar as it alleges that defendants failed to provide for positive drainage and reinstating that cause of action to that extent and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action alleging, inter alia, breach of contract...
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