Ordered that the appeal from the order dated September 10, 2003, is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8 [e]); and it is further,
Ordered that the order dated May 6, 2003, is affirmed insofar as appealed from, without costs or disbursements.
With respect to the order dated May 6, 2003, the Supreme Court properly denied that branch of the defendants' cross motion which was for summary judgment, as the defendants...
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