Ordered that the appeal from so much of the order dated February 28, 2006, as denied the motion pursuant to CPLR 5015 (a) (3) to vacate and denied the motion pursuant to CPLR 5019 (a) and CPLR 2002 to correct an alleged mistake is dismissed, as academic; and it is further,
Ordered that the order dated February 28, 2006, is reversed insofar as reviewed, on the law, the motion for summary judgment dismissing the complaint insofar as asserted against the appellant is...
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