Ordered that the appeal from the order dated October 25, 1989, is dismissed as that order was superseded by the order dated September 4, 1990, made upon reargument; and it is further,
Ordered that the order dated September 4, 1990, is reversed insofar as appealed from, on the law, and that branch of the defendant's motion which was to dismiss the second cause of action is granted; and it is further,
Ordered that the defendant is awarded one bill of costs....
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