The record fails to contain the order of October 23, 1963 appealed from. It does contain, however, an order of said court, dated November 15, 1963, granting the motion to dismiss the complaint. It appears from the record and briefs that such order was made upon the granting of reargument, although the order itself does not so indicate. Such order has been reviewed on the court's own motion, pursuant to statute (former Civ. Prac. Act, § 562-a, now CPLR 5517).
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