Ordered that so much of the appeal as seeks review of the portion of the order which granted summary judgment dismissing the petitioner's claim based on a theory of quantum meruit is dismissed, without costs or disbursements, as that portion of the order was superseded by an order of the same court dated November 27, 1995, made upon reargument, which denied summary judgment on that claim and directed a trial thereon (see, Matter of Nunberg,
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