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 provision thereof awarding judgment in favor of the plaintiff and against the defendant Paul W. Mantini; as so modified, the judgment is affirmed, without costs or disbursements, so much of the order as granted those branches of the plaintiff's cross motion which were for summary judgment on the...
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