Ordered that the order dated August 31, 2010, is reversed, on the law, and the defendant's motion for summary judgment dismissing the complaint is granted; and it is further,
Ordered that the appeal from the order dated November 15, 2010, is dismissed as academic in light of our determination on the appeal from the order dated August 31, 2010; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The defendant met her prima...
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