Ordered that the appeal from the order dated November 10, 1993, is dismissed since that order was superseded by the order dated April 13, 1994, made upon reargument; and it is further,
Ordered that the order dated April 13, 1994, is reversed insofar as appealed from, on the law, the order dated November 10, 1993, is vacated, and the defendant's motion to dismiss is denied; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
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