Ordered that the appeal from the order entered May 20, 2005 is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, and the facts, the motions are denied, the second amended complaint is reinstated, and the order entered May 20, 2005 is modified accordingly; and it is further,
Ordered that the appeal from the order dated October 24, 2005 is dismissed as academic in light of the determination of the appeal from the judgment; and...
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