Ordered that the appeal from the order dated October 27, 1998, is dismissed, as that order was superseded by the order dated April 21, 1999, made upon reargument; and it is further,
Ordered that the order dated April 21, 1999, is reversed insofar as reviewed, on the law, the plaintiff's motion for summary judgment is granted, the order dated October 27, 1998, is vacated, and the matter is remitted to the Supreme Court, Orange County, for entry of an appropriate judgment...
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