Ordered that the order entered April 29, 2003, is reversed insofar as appealed from, on the law, that branch of the defendants' motion which was for summary judgment dismissing the eighth cause of action is denied, and that cause of action is reinstated; and it is further,
Ordered that the appeal from the order entered July 16, 2003, is dismissed as academic; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
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