Ordered that the appeal from the order entered August 24, 2001, is dismissed, as that order was superseded by the order entered October 19, 2001, made upon reargument; and it is further,
Ordered that the order entered October 19, 2001, is reversed insofar as appealed from, on the law, and upon reargument, the order entered August 24, 2001, is vacated, the plaintiff's motion is granted, the cross motion is denied, the complaint is reinstated, and the matter is remitted...
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