Ordered that the appeal from the order dated April 8, 2003, is dismissed, as that order was superseded by the amended order dated April 10, 2003; and it is further,
Ordered that the amended order dated April 10, 2003, is reversed insofar as appealed from, on the law, with costs, so much of the order dated April 8, 2003, as granted the plaintiff's motion for summary judgment is vacated, and the motion is denied.
The plaintiff was not entitled to summary judgment...
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