Ordered that the order dated May 17, 2011, is modified, on the law, by deleting the provision thereof, upon reargument, vacating the determination in the order dated December 7, 2010, granting the defendant's motion for summary judgment dismissing the complaint in its entirety, and thereupon, denying that motion and substituting therefor a provision, upon reargument, adhering to so much of the original determination in the order dated December 7, 2010, as granted that branch...
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