Ordered that the appeal from the order dated August 23, 2002, is dismissed, without costs or disbursements, as that order was superseded by the order dated December 31, 2002, made upon reargument; and it is further,
Ordered that the order dated December 31, 2002, is modified, on the law, by deleting the provision, upon reargument, adhering to so much of the prior determination granting those branches of the motions which were for summary judgment dismissing the complaint...
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