Ordered that the order dated December 30, 1994, is reversed insofar as reviewed, the motion to renew is granted, and upon renewal, the order dated August 17, 1994, which granted the defendant's motion for summary judgment is vacated, and the defendant's motion is denied; and it is further,
Ordered that the appeal from the order dated August 17, 1994, is dismissed as academic in light of our determination upon review of the order dated December 30, 1994; and it is...
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