Ordered that the appeal from the order entered January 23, 1997, is dismissed, as that order was superseded by the order dated April 28, 1997, made upon reargument; and it is further,
Ordered that the order dated April 28, 1997, is reversed insofar as appealed from, on the law, the order entered January 23, 1997, is vacated, the defendant's motion for summary judgment is granted, and the complaint is dismissed; and it is further,
Ordered that the defendant...
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