Ordered that the appeal from the order entered October 3, 1988, is dismissed, as that order was superseded by the order entered April 5, 1989, made upon reargument; and it is further,
Ordered that the order entered April 5, 1989, is modified, on the law, by deleting the provisions thereof which adhered to the original determination denying those branches of the plaintiff's motion which were for partial summary judgment on the issue of liability in favor of the plaintiff...
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