Respondent shall recover of appellant $60 costs and disbursements of this appeal. In connection with the appeal from the judgment, we have, pursuant to CPLR 5501 (subd [a], par 1), reviewed the order entered December 2, 1972 granting plaintiff's motion for summary judgment and directing an assessment of damages; and we affirm said order. When, following the grant of summary judgment, the matter came on for trial to assess the damages, the parties entered into a stipulation...
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