Appeal from order dated July 27, 1978 dismissed as academic, without costs or disbursements. That order was superseded by the order dated November 17, 1978, which granted reargument. Order dated November 17, 1978 modified by deleting therefrom the provision that upon reargument the court adheres to its original determination that plaintiff is entitled to summary judgment on the issue of liability and an assessment of damages and substituting therefor a provision denying plaintiff...
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