Ordered that the appeal from the order dated June 24, 2008, is dismissed, as that order was superseded by the order dated September 19, 2008, made upon reargument; and it is further,
Ordered that the order dated September 19, 2008, is reversed insofar as appealed from, on the law, and, upon reargument, the order dated June 24, 2008, is vacated and the motion of the defendants John A. Washington and Karen A. Washington for summary judgment dismissing the complaint...
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