Ordered that the appeal from the judgment entered January 15, 2003, is dismissed as that judgment was superseded by the judgment entered August 8, 2003; and it is further,
Ordered that the judgment entered August 8, 2003, is reversed, on the law, the defendant's motion to dismiss the action is granted, the complaint is dismissed, and the judgment entered January 15, 2003, is vacated; and it is further,
Ordered that one bill of costs is awarded to the defendant...
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