Ordered that the appeal from the order entered March 27, 2002, is dismissed, as that order was superseded by the order entered May 22, 2002, made upon reargument; and it is further,
Ordered that the order entered May 22, 2002, is reversed insofar as appealed from, on the law, the order entered March 27, 2002, is vacated, the motion for summary judgment is denied, and the complaint is reinstated; and it is further,
Ordered that one bill of costs is awarded...
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