Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law and as a matter of discretion, the order is vacated, the motion is denied, the moving and answering papers are deemed the complaint and the answer, respectively, the cross motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings; and it is further,
Ordered that the appellant is awarded one...
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