Appeal from the order dated May 2, 1978 dismissed as academic. That order was superseded by the order granting reargument. Order dated July 20, 1978 reversed insofar as reviewed, on the law, and, upon reargument, defendant's motion, which was, in fact, one for summary judgment, is granted and the cross motion is denied. Defendant is awarded one bill of $50 costs and disbursements.
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