Ordered that the appeal from the order dated June 7, 1995, is dismissed, as that order was superseded by the order dated September 27, 1995; and it is further,
Ordered that the order dated September 27, 1995, is reversed insofar as appealed from, on the law, the order dated June 7, 1995 is vacated, defendant's motion for summary judgment is granted, and the complaint is dismissed; and it is further,
Ordered that the defendant is awarded one bill of costs....
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