Ordered that the appeal from the order entered August 17, 2010, is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, that branch of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against the appellant is denied, and the order dated June 9, 2010, is modified accordingly; and it is further,
Ordered that one bill of costs is awarded to the appellant.
The...
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