Ordered that the appeal from the order dated September 18, 1995, is dismissed, as that order was superseded by the order dated April 23, 1996, made upon reargument; and it is further,
Ordered that the order dated April 23, 1996, is reversed insofar as appealed from, on the law, the order dated September 18, 1995, is vacated, the defendant's motion is granted, and the complaint is dismissed; and it is further,
Ordered that the defendant is awarded one bill...
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