Ordered that, on the Court's own motion, the notice of appeal from the order dated May 20, 2008, is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,
Ordered that the judgment is reversed, on the law, with costs, the order dated May 20, 2008, is vacated, the defendant's motion is denied, the complaint is reinstated, and a new trial is granted.
On the morning of July 16, 2001, the late William Usdan (hereinafter...
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