It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and plaintiff's motion is denied.
Memorandum:
Supreme Court erred in granting plaintiff's motion seeking leave to renew with respect to defendant's motion for summary judgment dismissing the complaint and, upon renewal, denying defendant's motion. Although a court has discretion to "grant renewal, in the interest of justice, upon facts...
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