Ordered that the order is modified, on the law, by deleting the provision thereof which, upon reargument, denied the motion for summary judgment and substituting therefor a provision, upon reargument, adhering to the original determination in the order dated September 20, 2002; as so modified, the order dated March 17, 2003, is affirmed, with costs to the defendant.
The Supreme Court providently exercised its discretion in granting the plaintiffs' motion for leave...
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