Ordered that the appeal from so much of the order as denied that branch of the plaintiff's motion which was for leave to reargue is dismissed; and it is further,
Ordered that the order is reversed insofar as reviewed, on the law and in the exercise of discretion, that branch of the plaintiff's motion which was for leave to renew is granted, and, upon renewal, the defendant's motion for summary judgment dismissing the complaint is denied; and it is further,
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