Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the provision of the order granting that branch of the defendant's motion which was for summary judgment dismissing the second cause of action is vacated and a provision denying that branch of the motion is substituted therefor; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The appeal from the intermediate...
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