Ordered that the appeal from the order dated April 3, 1995, is dismissed, without costs or disbursements; and it is further,
Ordered that the appeal from that portion of the judgment granting the purported motion of the defendant Sebastian Cipollina is dismissed and that portion of the judgment is vacated, without costs or disbursements; and it is further,
Ordered that the judgment is otherwise reversed, as a matter of discretion, without costs or disbursements...
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