Ordered that the appeal from the order dated August 10, 2000, is dismissed, without costs or disbursements, as that order was superseded by the order dated December 22, 2000, made upon reargument; and it is further,
Ordered that upon searching the record, the order dated December 22, 2000, is modified by deleting the provision thereof denying that branch of the motion of the defendant EMO Trans, Inc., which was for summary judgment dismissing
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