Ordered that the order dated April 15, 2005 is reversed insofar as appealed from, on the law, and that branch of the defendant's cross motion which was for summary judgment dismissing the complaint is granted; and it is further,
Ordered that the appeal from so much of the order dated November 18, 2005, as denied the defendant's cross motion for leave to renew is dismissed as academic in light of our determination on the appeal from the order dated April 15, 2005;...
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