In an action, inter alia, to recover damages for injury to property and for injunctive relief, the defendant appeals from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered December 28, 2012, as granted those branches of the plaintiff's motion which were for summary judgment on the fifth cause of action and on the issue of liability on the first and seventh causes of action.
Ordered that the appeal is dismissed as academic, with...
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