Ordered that the appeal from the order entered December 20, 1989, is dismissed, as that order was superseded by the order entered May 7, 1990, made upon reargument; and it is further,
Ordered that the order entered May 7, 1990, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The Supreme Court properly found in favor of the plaintiff on the merits because the answer raised in only the...
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