Ordered that the order dated August 10, 2004, is reversed insofar as reviewed, on the law, the branch of the motion which was for leave to renew the motion for summary judgment is granted, and upon renewal, the defendants' motion for summary judgment dismissing the complaint is denied, the complaint is reinstated, and the order dated April 1, 2004, is modified accordingly; and it is further,
Ordered that the appeal from the order dated April 1, 2004, is dismissed...
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