Ordered that the cross appeal is dismissed, without costs or disbursements, as abandoned; and it is further,
Ordered that on the appeal by the plaintiff, the order is modified, on the law, by (1) deleting the provision thereof which granted that branch of the plaintiff's motion which was for summary judgment on its third cause of action, and substituting therefor a provision, upon searching the record, dismissing the plaintiff's third cause of action sounding in implied...
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