concur. Ordered that the order is modified, on the law, without costs, by reversing so much thereof as granted defendant’s cross motion for partial summary judgment; said cross motion denied; and, as so modified, affirmed.
concur. Ordered that the order is modified, on the law, without costs, by reversing so much thereof as granted defendant’s cross motion for partial summary judgment; said cross motion denied; and, as so modified, affirmed.