Ordered that the appeal from so much of the order as, upon the parties' stipulation, amended the caption of the action is dismissed, without costs or disbursements; and it is further,
Ordered that the cross appeal is dismissed, without costs or disbursements; and it is further,
Ordered that the order is modified by deleting the provision thereof granting the plaintiff's cross motion for summary judgment on the issue of liability on his cause of action under...
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