Ordered that the appeal by the plaintiff from so much of the order and judgment as granted that branch of defendant's motion which was for summary judgment in its favor is dismissed, as that portion of the order and judgment was superseded by the order made upon reargument; and it is further,
Ordered that the order and judgment is affirmed insofar as cross-appealed from; and it is further,
Ordered that the order is reversed insofar as appealed from, on the...
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