Ordered that the order dated January 15, 1998, is reversed, on the law, the appellant's motion is granted, upon renewal, so much of the order dated September 26, 1997, as is in favor of the plaintiff and against the appellant is vacated, and that branch of the plaintiff's motion which was for summary judgment against the appellant is denied; and it further,
Ordered that the appeal from the order dated September 26, 1997 is dismissed as academic; and it is further...
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