Ordered that the judgment is reversed, on the law, with costs, the order dated August 14, 2002, is vacated, the motion is denied, and the complaint is reinstated.
Initially, we note that the plaintiff previously appealed from the order dated August 14, 2002, granting the defendant's motion for summary judgment. That appeal was dismissed by this Court for failure to prosecute. Although the plaintiff ordinarily would be precluded from relitigating the issues which could...
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