Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [a]); and it is further,
Ordered that the order dated June 11, 2009, is reversed insofar as appealed from, on the law, and, upon reargument, the order dated November 3, 2008, is vacated, the plaintiff's application, in effect, for a continuance is granted, and the defendant's application to dismiss the amended complaint is denied; and it is further,
Ordered that one bill of...
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