Ordered that the appeal from so much of the order as denied that branch of the motion which was pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute is dismissed as academic in light of our determination; and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, with costs, that branch of the motion which was for summary judgment is granted, and the complaint is dismissed in its entirety.
The defendant Steven...
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