Ordered that the appeal from the order dated March 28, 2006 is dismissed; and it is further,
Ordered that the judgment entered May 24, 2006 is reversed, on the law, upon reargument, the order dated September 30, 2005 is vacated, the motion for summary judgment in lieu of complaint is denied, and the moving and answering papers are deemed to be the complaint and the answer, respectively, the order dated March 28, 2006 is modified accordingly, and the judgment entered...
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