Ordered that the order dated July 27, 1990, is reversed, on the law, and the defendant's motion to dismiss the complaint for failure to state a cause of action is denied; and it is further,
Ordered that the appeal from the order dated March 19, 1991, is dismissed as academic, in light of our determination on the appeal from the order dated July 27, 1990; and it is further,
Ordered that the appellant is awarded one bill of costs.
It is well settled...
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