Ordered that the appeal and cross appeal from the order dated June 23, 2000, are dismissed, as that order was superseded by the order entered December 1, 2000, made upon reargument; and it is further,
Ordered that the order entered December 1, 2000, is modified, on the law, by deleting the provision thereof which, upon reargument, adhered to so much of the prior order as granted that branch of the motion of the defendants in Action No. 1 which was for summary judgment...
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