Ordered that the cross appeal is dismissed for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, and upon searching the record, the defendant is awarded summary judgment dismissing the plaintiff's first cause of action, and the complaint is dismissed; and it is further,
Ordered that the defendant is awarded...
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