Appeal from the order dismissed, without costs, as academic, as it was superseded by the judgment here on appeal. Judgment modified, on the law, by denying motion for summary judgment as to the third and fourth causes of action, and, as so modified, judgment affirmed, without costs.
There are triable questions of fact raised by the pleadings and the affidavits with reference to the third and fourth causes of action. Where such triable issues exist, it is error to...
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