Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the plaintiff's appeal from the order entered August 24, 2001, is dismissed, as that order was superseded by the order entered November 28, 2001, made upon reargument; and it is further,
Ordered that the order entered November 28, 2001, is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was...
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