Ordered that the appeal from so much of the order as denied, in part, the defendant's cross motion for leave to amend its answer is dismissed as academic; and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, and that branch of the plaintiff's motion which was for summary judgment on the issue of liability is denied; and it is further,
Ordered that one bill of costs is awarded to the defendant.
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