Appeal from the order dismissed as academic, without costs or disbursements. The portion of the order sought to be reviewed was superseded by the interlocutory judgment entered upon the granting of the motion for reargument. Interlocutory judgment reversed insofar as appealed from, on the law, without costs or disbursements, and the branch of plaintiff's motion which was for partial summary judgment as to the first cause of action is granted, and plaintiff is awarded the...
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