Ordered that the judgment is reversed, on the law, with one bill of costs payable by the defendants appearing separately and filing separate briefs, the defendants' separate motions, in effect, pursuant to CPLR 4401 for judgment as a matter of law are denied, the order entered January 30, 2009, is vacated, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial before a different Justice.
The Supreme Court erred...
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