Ordered that the appeal from the order dated January 3, 2003, is dismissed, as that order was superseded by the order dated May 9, 2003, made upon reargument; and it is further,
Ordered that the order dated May 9, 2003, is reversed insofar as appealed from, on the law, and upon reargument, the order dated January 3, 2003, is vacated and the plaintiff's motion for summary judgment is denied; and it is further,
Ordered that one bill of costs is awarded to the...
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