Ordered that the appeal by the defendant New York Institute of Technology, Inc., is dismissed, as it is not aggrieved by the portion of the order appealed from (see CPLR 5511); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
Under the circumstances of this case, the Supreme Court properly determined the branches of parties' respective motions for summary judgment...
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