Ordered that the order dated December 5, 2014, is reversed, on the law, and the plaintiff's motion for summary judgment on the issue of liability is denied; and it is further,
Ordered that the appeal from the order dated April 10, 2015, is dismissed as academic, in light of our determination on the appeal from the order dated December 5, 2014; and it is further,
Ordered that one bill of costs is awarded to the defendant.
On December 22, 2013, at about...
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