Ordered that the appeal is dismissed as academic, without costs or disbursements, and the provision of the order which, in effect, granted the plaintiff's motion for summary judgment and the first through fifth decretal paragraphs thereof are vacated.
In light of our determination on a related appeal granting that branch of the appellant's motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it (see Mizrahi v US Bank...
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