Ordered that the appeal from the order dated September 20, 2005 is dismissed, as that order was superseded by the order dated December 6, 2005, made, in effect, upon reargument; and it is further,
Ordered that the order dated December 6, 2005 is modified, on the law, by adding a provision thereto directing the plaintiff to provide an undertaking; as so modified, the order is affirmed insofar as appealed from, and the matter is remitted to the Supreme Court, Kings...
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