Ordered that the order dated October 25, 2001, is reversed insofar as appealed from, the motion for summary judgment is granted, and the complaint is dismissed insofar as asserted against the appellant; and it is further,
Ordered that the appeal from the order dated March 14, 2002, is dismissed as academic; and it is further,
Ordered that one bill of costs is awarded to the appellant.
The plaintiff commenced these two negligence actions, which
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