Ordered that the appeal from the order dated January 9, 2009 is dismissed, as that order is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701); and it is further,
Ordered that the order dated February 4, 2009 is reversed insofar as appealed from, on the law, those branches of the cross motion of the defendant CLJ Building Enterprises, Inc., which were to preclude the plaintiff from adducing certain evidence at trial and conducting...
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