Ordered that the appeal from the order entered May 1, 2006 is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the defendants' motion to dismiss the amended complaint is denied, that branch of the plaintiff's motion which was for leave to serve a second amended complaint is granted, the orders entered January 26, 2005 and May 1, 2006 are modified accordingly, and the second amended complaint is deemed served; and it is further,
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