Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendant's cross motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the cross motion, and (2) by deleting the words "as academic" from the provision thereof denying the plaintiff's motion for summary judgment; as so modified, the order is affirmed, without costs or disbursements.
On or about February 4, 2000 the plaintiff...
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