Ordered that the order dated April 27, 2017, is reversed, on the law, and the plaintiff's motion for summary judgment on the complaint is denied; and it is further,
Ordered that the appeal from the order dated June 29, 2017, is dismissed as academic in light of our determination on the appeal from the order dated April 27, 2017; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The plaintiff commenced this action, inter...
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