Appeal from order of December 29, 1949, dismissed, without costs. That order, having been superseded by the order of April 17, 1950, is not appealable. (Frischman v. Frischman, 275 App. Div. 860; Ruggiero v. Norwegian Shipping & Trade Mission, 269 App. Div. 707.) Order of April 17, 1950, modified on the law by striking out the second ordering paragraph and in place thereof inserting a provision awarding partial summary judgment in favor of plaintiff and...
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