Ordered that the order dated June 10, 2004, is reversed, on the law, with costs, the motion is granted, the order dated June 9, 2003, is vacated, the order dated January 15, 2002, is modified to provide for a hearing on the issue of whether or not there was any physical contact between the motorcycle owned by the appellant's girlfriend and ridden by the appellant and an alleged hit-and-run vehicle, and the matter is remitted to the Supreme Court, Kings County, for a hearing...
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