Ordered that the order is reversed, on the law, with costs, the motion for leave to reargue is denied, and the order entered August 4, 2003, is reinstated.
The Supreme Court erred in granting the plaintiff's motion for leave to reargue. The plaintiff did not establish that the Supreme Court misapprehended the law or the facts in granting the defendants' prior motion for summary judgment dismissing the complaint (see CPLR 2221 [d] [2]; Collins v Stone,
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