Ordered that order dated August 19, 2002, is reversed insofar as appealed from, on the law, the motion for summary judgment is denied, and the complaint is reinstated; and it is further,
Ordered that the appeal from the order dated October 24, 2002, is dismissed as academic, without costs or disbursements, in light of our determination on the appeal from the order dated August 19, 2002; and it is further,
Ordered that one bill of costs is awarded to the plaintiff...
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