Ordered that the appeal from order entered April 19, 1985, is dismissed, as that order was superseded by order dated November 7, 1985; and it is further,
Ordered that the order dated November 7, 1985, is reversed insofar as appealed from, on the law, so much of the order entered April 19, 1985, as denied the defendant's cross motion for summary judgment is hereby vacated, that cross motion is hereby granted, and the complaint is dismissed; and it is further,
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