Ordered that the appeal from so much of the order as denied the motion is dismissed, without costs or disbursements; and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, without costs or disbursements, the cross motion is denied, and the complaint is reinstated.
When read in conjunction with the evidentiary material submitted by the defendant and considered by the Supreme Court on the cross motion to dismiss pursuant to CPLR...
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