Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the amended judgment; and it is further,
Ordered that the amended judgment is reversed insofar as appealed from, on the law, that branch of the plaintiff's motion which was for summary judgment on the claim to recover damages for breach of a contract to sell him a Mercedes-Benz SL55 is denied, the order dated April 6, 2004, is modified accordingly, and the matter is remitted...
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