Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,
Ordered that the judgment is modified, on the law, by deleting the first decretal paragraph thereof awarding damages on the first cause of action in the principal sum of $160,000; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the plaintiff's motion which was for summary judgment on the first cause of action is denied, the...
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