Ordered that the appeal and the cross appeal from the order entered August 4, 1988 are dismissed, without costs or disbursements, as that order was superseded by the order entered November 9, 1988, made upon reargument; and it is further,
Ordered that the order entered November 9, 1988 is affirmed insofar as reviewed, without costs or disbursements.
A review of the entire record reveals that material issues of fact exist which can only be resolved...
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