This motion must be denied.
Our decision and order in this case affirmed an order of the Special Term denying a motion by the plaintiff for summary judgment in her favor. As we pointed out in our opinion, "for the purpose of determining whether a summary judgment for the plaintiff should be granted, we must accept the defendant's version of the facts as to all points upon which there is an open question of fact". Upon this basis, we concluded that it appeared "that...
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