Ordered that the appeal from the order dated March 3, 2008 is dismissed, as that order was superseded by the order dated June 18, 2008 made upon reargument; and it is further,
Ordered that the order dated June 18, 2008 is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
The Supreme Court properly denied the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and...
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