Ordered that the appeal from the judgment entered August 23, 2004 is dismissed, as that judgment has been superseded by the resettled judgment entered February 24, 2005; and it is further,
Ordered that the resettled judgment entered February 24, 2005 is reversed, on the law, the judgment is vacated, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial, with costs to abide the event.
In light of, inter alia, the erroneous, confusing...
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