Ordered that the order dated January 10, 2007 is reversed, on the law, and the defendant's motion for summary judgment dismissing the complaint is granted; and it is further,
Ordered that the appeal from the order dated October 5, 2007 is dismissed as academic in light of our determination on the appeal from the order dated January 10, 2007; and it is further,
Ordered that one bill of costs is awarded to the defendant.
On February 22, 2003 Fleet Bank...
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