Ordered that the appeal from the order dated January 13, 2005 is dismissed, as that order was superseded by the order entered May 31, 2005 made upon reargument; and it is further;
Ordered that the order entered May 31, 2005 is modified, on the law, by deleting the provision thereof, upon reargument, adhering to the portion of the original determination which granted that branch of the prior motion which was to dismiss the complaint insofar as asserted against the...
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