Appeal from so much of the order dated December 16, 1976, as sought to dismiss the third cause of action, dismissed as academic. That branch of the order was superseded by the order granting reargument. Order dated December 16, 1976 otherwise affirmed insofar as appealed from, without costs or disbursements. Order dated January 20, 1977, reversed insofar as appealed from, on the law, without costs or disbursements, and the third cause of action is dismissed.
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