Ordered that the order dated May 8, 2009, is reversed, on the facts and in the exercise of discretion, with costs, the order of the Civil Court of the City of New York, Queens County, dated August 1, 2007, is reversed, and the defendant's motion for summary judgment dismissing the complaint is granted, without prejudice to the commencement by the plaintiff of a new action.
Contrary to the conclusion of the Appellate Term, under the circumstance of this case, the defendant...
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