Ordered that the appeal from the order dated September 2, 1999, is dismissed, as that order was superseded by so much of the order dated October 28, 1999, as denied the plaintiffs' motion for summary judgment; and it is further,
Ordered that the order dated October 28, 1999, is modified, on the law, by deleting the provision thereof denying that branch of the defendant's cross motion which was for summary judgment dismissing the complaint in its entirety, and substituting...
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