Ordered that the appeal from the order dated August 5, 1997, is dismissed, as that order was superseded by the order dated December 4, 1997, made upon reargument; and it is further,
Ordered that the order dated December 4, 1997, is reversed insofar as appealed from, on the law, and, upon reargument, so much of the order dated August 5, 1997, as denied that branch of the defendants' motion which was for summary judgment dismissing the complaint is vacated, that branch...
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