Ordered that the appeal from the order entered July 14, 2008 is dismissed, as that order was superseded by so much of the order dated August 25, 2008, as was made upon renewal; and it is further,
Ordered that the order dated August 25, 2008 is reversed insofar as appealed from, on the law, upon renewal, the order entered July 14, 2008 is vacated, and the plaintiff's motion for summary judgment on the issue of liability is granted.
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