Ordered that the appeal from the order dated October 16, 2006, is dismissed, without costs or disbursements, as the portion of the order appealed from was superseded by the order dated January 18, 2007, made upon reargument; and it is further,
Ordered that the order dated January 18, 2007, is modified, on the law, by deleting the provision thereof, in effect, upon reargument, adhering to the original determination granting that branch of the motion of the defendants...
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