Order modified by deleting the provision granting that part of defendant's motion which was for summary judgment dismissing the complaint and substituting therefor a provision denying said motion in its entirety. As so modified, order affirmed, insofar as appealed from, with $50 costs and disbursements to the plaintiff.
Special Term erred in granting summary judgment on the ground that a judgment entered July 7, 1980 dismissing, with prejudice and on consent, plaintiff...
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