Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment against the appellant is denied, so much of the order dated July 8, 1996, as granted that branch of the plaintiff's motion which was for summary judgment against the appellant is vacated, and, upon searching the record, summary judgment is granted to the appellant and it is declared that (1) the appellant is not obligated...
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