Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, so much of the order dated August 20, 2003, as denied that branch of the motion which was to compel further discovery is vacated, the third decretal paragraph of the order dated August 20, 2003, is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a new determination of that branch of the motion which was to compel further discovery.
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