Ordered that the order dated July 5, 2017, is reversed insofar as appealed from, on the law, and that branch of the defendant's cross motion which was for summary judgment dismissing the complaint is granted; and it is further,
Ordered that the cross appeal from the order dated July 5, 2017, is dismissed as abandoned; and it is further,
Ordered that the appeal from the order dated October 16, 2017, is dismissed as academic in light of our determination on...
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