Ordered that the order entered June 26, 2009, is affirmed insofar as appealed from, with costs.
Having initially failed to consider the plaintiff's opposition to the motion papers submitted by the defendant Surendra Shah (hereinafter the defendant), the Supreme Court granted reargument. Upon reargument, the Supreme Court properly adhered to its determination granting the defendant's motion for summary judgment dismissing the complaint insofar as asserted against him...
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