Judgment, Supreme Court, New York County (Jeffrey K. Oing, J.), entered January 13, 2012, against defendant in favor of plaintiff in the amount of $108,546.47, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered December 15, 2011, which granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint, unanimously dismissed, without costs, as subsumed in the appeal from the judgment...
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