Ordered that the appeal from so much of the order dated January 7, 2021, as denied that branch of the defendant's motion which was for summary judgment on its counterclaim is dismissed as academic; and it is further,
Ordered that the cross appeal is dismissed as academic; and it is further,
Ordered that the order dated January 7, 2021, is affirmed insofar as reviewed on the appeal; and it is further,
Ordered that one bill of costs is awarded to the...
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