Appeal from the order and judgment dismissed as academic, without costs or disbursements. The order and judgment was superseded by the order granting reargument. Order modified by deleting therefrom everything following the words granting the motion "to the extent indicated below" and substituting therefor a provision that, upon reargument, the order and judgment entered November 1, 1978 is modified by deleting the words "with prejudice" from the second decretal paragraph...
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