Ordered that the appeal from the judgment dated May 28, 1985, is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by that judgment (see, CPLR 5511); and it is further,
Ordered that the order and judgment dated September 6, 1985, is modified, on the law, by deleting the fourth and fifth decretal paragraphs thereof; as so modified, the order and judgment dated September 6, 1985, is affirmed, without costs or disbursements, and the...
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