Ordered that the appeals from the orders and the cross appeal from the order dated September 19, 2006 are dismissed; and it is further,
Ordered that the judgment is reversed, on the law, with costs, the orders dated September 19, 2006 and November 21, 2006, respectively, are vacated, the defendant's oral application pursuant to CPLR 4401 for judgment as a matter of law is granted, and the complaint is dismissed.
The appeals by the defendant from the intermediate...
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