Ordered that the appeal from the order dated January 31, 2005, is dismissed, as that order was superseded by the order dated April 18, 2005, made upon reargument; and it is further,
Ordered that the order dated April 18, 2005, is modified, on the law, by deleting the provision thereof, which, upon reargument, adhered to the prior order dated January 31, 2005, and substituting therefor a provision, upon reargument, granting the plaintiff's motion for summary judgment...
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