Ordered that the appeal from the order dated October 4, 1996, is dismissed, as that order was superseded by the order dated January 24, 1997, made upon reargument; and it is further,
Ordered that the order dated January 24, 1997, is modified, on the law, by (1) deleting the provision thereof which adhered to so much of the earlier determination as denied those branches of the defendants' respective motions which were for summary judgment declaring that the plaintiff...
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