Ordered that the order is modified, on the law, by deleting the provision thereof vacating the order dated January 26, 2000, and denying the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) and for summary judgment, and substituting therefor a provision adhering to the original determination in the order dated January 26, 2000; as so modified, the order is affirmed, with costs to the defendant.
While a motion for leave to renew a prior...
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