Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to vacate the clerk's judgment and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the defendant.
In the instant action, the plaintiff seeks to recover damages it allegedly sustained as a result of the loss of certain allegedly "rare and valuable" books it...
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