Ordered that the appeal from so much of the order dated April 29, 2002, as denied those branches of the defendants' motion which were for summary judgment dismissing the first and second causes of action insofar as asserted against the appellant and for summary judgment on the fifth cause of action insofar as asserted against the appellant, is dismissed, without costs or disbursements, as that portion of the order was superseded by the order dated September 9, 2002, made...
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