Ordered that appeal from the order entered August 22, 2003, is dismissed as no appeal lies from an order denying reargument; and it is further,
Ordered that the order entered February 6, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that the order entered February 6, 2003, is reversed insofar as cross-appealed from, on the law, the plaintiff's motion for summary judgment is granted, and the matter is remitted to the Supreme Court,...
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