Ordered that the judgment is reversed, on the law, with costs, the orders dated May 2, 2000, and September 21, 2000, are vacated, the motion for summary judgment is denied, and the complaint is reinstated.
On its motion for summary judgment, it was the defendant's burden to establish its entitlement to judgment as a matter of law (see, Camacho v East Ramapo Cent. School Dist.,
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