Order modified, on the law, by deleting therefrom the provision which denied the cross motion as to the fourth and fifth causes of action and substituting therefor a provision granting the cross motion with respect to said causes of action. As modified, order affirmed insofar as appealed from, without costs or disbursements.
A threshold issue advanced by plaintiff is that the appeal does not properly lie because it was superseded by an unappealed order made upon reargument...
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