Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, the order entered June 28, 1989, is vacated insofar as reviewed, the plaintiff's motion is denied and the matter is remitted to the Supreme Court, Westchester County, for a trial in accordance herewith before a different Justice; and it is further,
Ordered that the defendant is awarded one bill of costs.
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