Ordered that the appeal from the order and judgment entered October 9, 1992, is dismissed, as that order and judgment was superseded by the order dated January 25, 1993, made upon reargument; and it is further,
Ordered that the order dated January 25, 1993, is reversed insofar as appealed from, on the law, the order and judgment entered October 9, 1992, is vacated, the defendants' motion for summary judgment is denied, the plaintiff's cross motion for summary judgment...
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