Ordered that the order entered February 1, 2006 is reversed, on the law, with costs, that branch of the defendant's cross motion which was for summary judgment dismissing the complaint is denied, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the plaintiff's motion for summary judgment on the issue of liability on the merits; and it is further,
Ordered that the appeal from the order dated May 31, 2006 is dismissed as academic...
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