Ordered that the appeal from the order entered December 18, 1996, is dismissed; and it is further,
Ordered that the judgment dated January 8, 1997, is reversed, on the law, the defendants' motion for summary judgment is denied, the order entered December 18, 1996, is vacated, and the complaint is reinstated; and it is further,
Ordered that the appeal from the order entered April 4, 1997, is dismissed as academic in light of our determination of the appeal...
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