Ordered that the appeal from the order dated February 5, 1996, is dismissed, as that order was superseded by the order dated May 15, 1996, made upon renewal; and it is further,
Ordered that the order dated May 15, 1996, is reversed insofar as appealed from, on the law, the motion for summary judgment is denied, and the complaint is reinstated; and it is further,
Ordered that the appellant is awarded one bill of costs.
The evidence relied upon by the...
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