Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, so much of the order dated September 30, 1996, as granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint is vacated, that branch of the cross motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a determination, on the merits, of...
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