OPINION OF THE COURT
Per Curiam.
Judgment, entered April 7, 2009, reversed, with $30 costs, and judgment directed in favor of defendant dismissing the complaint. Appeal from order, entered March 20, 2007, dismissed, without costs, as subsumed in the appeal from the judgment.
Based upon the evidence adduced at the nonjury trial and in the exercise of our authority to render the judgment warranted by...
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