Ordered that the appeal from the order dated January 31, 2006 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order dated November 1, 2005 is reversed, on the law, without costs or disbursements, and that branch of the defendant's motion which was to dismiss the action pursuant to CPLR 3126 is denied.
Under the circumstances of this case, the defendant did not sustain its...
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