Ordered that the appeal from the order dated June 5, 2003, is dismissed, without costs or disbursements, as that order was superseded by the order dated October 3, 2003, made upon reargument; and it is further,
Ordered that the order dated October 3, 2003, is modified, on the law, by deleting the provision thereof which, upon reargument, adhered to the prior determination granting that branch of the defendant's motion which was for an award of an attorney's fee, and...
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