The Supreme Court initially granted a motion for summary judgment made by the defendant in an order dated June 24, 1985. This court unanimously affirmed that order on December 16, 1986 (Longa v 17 Battery Place N. Assoc., 125 A.D.2d 1016) and denied the plaintiff's motion for leave to appeal to the Court of Appeals on November 13, 1987. The plaintiff
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