Unanimously modified, on the facts, without costs and without disbursements, to grant renewal and upon renewal to impose as a condition to the grant of vacatur that defendant post an undertaking in an amount to be fixed upon settlement of the order herein to be applied toward the payment of any judgment which the plaintiff may obtain in this action, and otherwise affirmed. The appeal from the order of October 14, 1976 is dismissed as academic, without costs and without disbursements...
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