Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, those branches of the plaintiff's motion which were, in effect, to vacate the order dated July 18, 2002, and to vacate the judgment entered September 26, 2002, are denied, the complaint is dismissed, the notice of pendency filed October 31, 2001, is cancelled, and the order dated July 18, 2002, and judgment entered September 26, 2002, are reinstated.
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