Ordered that the appeal from the order dated July 13, 1992, is dismissed; and it is further,
Ordered that the order and judgment dated July 16, 1992, is modified by deleting the first, second, and sixth decretal paragraphs thereof and substituting therefor a provision denying the plaintiff's motion for summary judgment, as so modified the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the appellant is awarded one bill of costs...
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