Ordered that the order dated December 17, 2009, is reversed insofar as appealed from, on the law, and, upon reargument, the determination in the order entered July 27, 2009, granting the plaintiff's motion for summary judgment on its complaint in action No. 2 is adhered to.
Contrary to the determination of the Supreme Court upon reargument, the defendant in action No. 2, Steven Cohn, failed to demonstrate that the original determination of the Supreme Court in an...
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