Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the plaintiff's motion for summary judgment is denied, and so much of the order dated April 12, 1996, as granted the plaintiff's motion for summary judgment is vacated, and it is further,
Ordered that the defendant is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct...
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