Ordered that the amended judgment is reversed, on the law, with costs, the plaintiff's motion for summary judgment in lieu of complaint is denied, the order is modified accordingly, and the plaintiff shall serve a formal complaint, if he be so advised, within 30 days after service upon him of a copy of this decision and order.
In order to make a prima facie showing of entitlement to judgment as a matter of law pursuant to CPLR 3213, a plaintiff must show that (1)...
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