Ordered that the order dated April 26, 2017, is reversed, on the law, the defendant's motion for summary judgment dismissing the complaint is denied, and the order entered December 11, 2017, is vacated; and it is further,
Ordered that the appeal from the order entered December 11, 2017, is dismissed as academic in light of our determination on the appeal from the order dated April 26, 2017; and it is further,
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