Ordered that the judgment is reversed insofar as appealed from, on the law, and the complaint is dismissed insofar as it is asserted against the appellant; and it is further,
Ordered that the appeal from the order is dismissed as academic, in light of our determination on the appeal from the judgment; and it is further,
Ordered that the appellant is awarded one bill of costs.
The plaintiff was awarded $17,500 based upon the Referee's determination...
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