Ordered that the appeal from the order dated March 17, 1987, is dismissed, as that order was superseded by the order dated June 9, 1987, made upon reargument; and it is further,
Ordered that the order dated June 9, 1987, is reversed insofar as appealed from, on the law, the order dated March 17, 1987, is vacated, and the defendant's motion to dismiss the complaint is granted; and it is further,
Ordered that the defendant is awarded one bill of costs.
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