Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendants' motion which was, in effect, for leave to renew is granted, upon renewal, the plaintiff's motion for summary judgment is denied, and the order dated April 19, 2004, and the judgment are vacated; and it is further,
Ordered that the appeal from the judgment is dismissed as academic in light of our determination on the appeal from the order; and it is further,
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