Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, and, upon reargument, that portion of the order dated May 29, 2003, denying the plaintiff's cross motion for summary judgment is adhered to, and the order dated October 24, 2003, is modified accordingly; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The appeal from the intermediate order must be...
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