Ordered that the appeal from the order dated December 12, 1996, is dismissed, as that order was superseded by the order dated June 26, 1997, made upon reargument; and it is further,
Ordered that the order dated June 26, 1997, is reversed insofar as appealed from, on the law, upon reargument the respondent's motion to dismiss the complaint is denied, the order dated December 12, 1996, is vacated, and the complaint is reinstated.
It is well settled that on a...
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